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2026 DIGILAW 74 (GUJ)

District Development Officer v. State of Gujarat

2026-02-09

BHARGAV D.KARIA, L.S.PIRZADA

body2026
ORDER : L.S. PIRZADA, J. 1. Heard learned advocate Mr.Pradip J. Patel appearing for the appellant, learned Assistant Government Pleader Ms.Shruti Dhruve appearing for the respondent Nos.1 and 2 and learned advocate Ms.Ashlesha M. Patel appearing for the respondent Nos.3 to 5. 2. The present appeal is filed under Clause – 15 of the Letters Patent, 1865 against the Order dated 25.09.2025 passed by the learned Single Judge in the captioned writ petition, wherein the learned Single Judge had directed the present respondent No.2 – Finance Department to examine the case of the original petitioners by calling for necessary details of all the petitioners from the concerned department and thereafter, to examine the case of each petitioner with regard to their service conditions and, in case there is no objection, the respondent Nos.3 to 5 - original petitioners be extended the benefits under the Circular dated 16.07.2019. 3. ADMIT . Learned Assistant Government Pleader Ms.Shruti Dhruve and learned advocate Ms.Ashlesha M. Patel waive service of notice of admission for and on behalf of the respective respondents. 4. Learned advocate Mr.Pradip J. Patel appearing for the appellant submitted that the aforesaid Circular dated 16.07.2019 was considered by the Division Bench in the group of matters being Letters Patent Appeals No.724 of 2023 and allied matters and by the judgment dated 11.08.2023, the Division Bench has held that the part-time employees, who were working for less than four hours, are not entitled to the pay-scale as conferred by the Government Resolution dated 16.07.2019. It is submitted that though the respondent Nos.3 to 5 - original petitioners are working for four hours, they are not entitled to the benefits arising from the Circular dated 16.07.2019, as the aforesaid Circular mentions that only the part time employees who were working for more than four hours are entitled to such benefits. Thus, it is urged that the Order passed by the learned Single Judge may be quashed and set aside. 5. Thus, it is urged that the Order passed by the learned Single Judge may be quashed and set aside. 5. In response to the aforesaid submissions, learned advocate advocate Ms.Ashlesha M. Patel appearing for the respondent Nos.3 to 5 - original petitioners has submitted that the order passed by the learned Single Judge may not be interfered with as the same aligns with the Circular dated 16.07.2019 and since the appellant has not disputed that the respondent Nos.3 to 5 are not working less than four hours, they are entitled to the benefits of pay as per the Circular dated 16.07.2019. 6. Learned Assistant Government Pleader Ms.Shruti Dhruve submitted that the expression used in the Circular dated 16.07.2019, would mean that the part-time employees have to complete minimum four hours of work in order to get themselves or himself entitled for the minimum wages of Rs.14,800/-. 7. We have heard the learned advocates appearing for the respective parties. 8. It is not in dispute and in fact, admitted by the appellant that the respondent Nos.3 to 5 - original petitioners were working for four hours as a part-timer. Learned Single Judge in paragraph Nos.5 and 6 of the impugned Order dated 25.09.2025 has held as follows:- “5. In the considered opinion of this Court, the present petition can be disposed of with a direction to the respondent-Finance Department to examine the cases of the present petitioners with regard to extending the benefits of the resolution dated 16.07.2019. 6. The respondent-Finance Department is directed to call for necessary details of all the petitioners from the concerned departments within a period of three weeks from the date of receipt of the present order. The concerned departments are also directed to cooperate and forward the details of the present petitioners to the Finance Department expeditiously within a period of two weeks thereafter. The Finance Department is further directed to examine each case of the petitioners with regard to their service conditions and if they are found eligible as per the judgment dated 21.12.2018 passed in Special Civil Application No.7462 of 2012 and allied matters and order dated 09.05.2019 passed in Letters Patent Appeal No.1555 of 2019 and as per the resolution dated 16.07.2019, such benefits shall be extended to them. The Finance Department is directed to pass appropriate orders after receipt of the details of the petitioners within a period of four weeks. The Finance Department is directed to pass appropriate orders after receipt of the details of the petitioners within a period of four weeks. Direct service is permitted.” 9. Thus, in view of the specific submissions canvassed before the learned Single Judge, the learned Single Judge had directed the appellant - authority to verify the details of all the petitioners and in case, if it is found that they are eligible as per the Judgment dated 21.12.2018 passed in Special Civil Application No.7462 of 2012 and allied matters and Order dated 09.05.2019 passed in Letters Patent Appeal No.1155 of 2019, they would be entitled to the benefit of pay as envisaged under the Circular dated 16.07.2019. 10. Further, in this regard, the same issue has already been decided by the Co-ordinate Bench by Judgment dated 03.11.2025 passed in Letters Patent Appeal No.1197 of 2025 in Special Civil Application No.14995 of 2024 wherein, the Co-ordinate Bench has held as under:- “8.1 A copy of the Circular dated 16.07.2019, has been forwarded by learned advocate Mr. Patel. A bare perusal of the said Circular reveals that the State Government (Finance Department) has promulgated that a part time employee, who were working for more than four hours, were initially being paid Rs.220/- per day and those who were working actually for four hours, were paid Rs.110/- per day and ultimately, the State Government has consolidated the wages/salary and declared that all the part time employees will be entitled to a fix pay of Rs.14,800/-. Thus, the Circular nowhere mentions that an employee, who is working less than four hours, is entitled to the fixed pay of Rs.14,800/-. The contents of the Circular are self explanatory and it specifically mentions that the employees, who are working for four hours or more, are entitled for the fixed wages of Rs.14,800/-. 8.2 We may incorporate the Circular dated 16.07.2019. The relevant paragraph of the said Circular reads thus: “As per the judgment rendered in PIL No. 244 of 2014, with reference to the above read item no.(6), it was decided to pay Rs.220/- per day to the part-time employees working for more than four hours and Rs.110/- per day to the part-time employees who are working upto four hours.” 9. At this stage, we may refer to the judgment dated 11.08.2023 passed by the Coordinate Bench in Letters Patent Appeal No. 724 of 2023 and the allied matters on which, reliance is placed by the appellants. The Division Bench has categorically mentioned and held that the Circular dated 16.07.2019 issued to grant remuneration benefit to the part-time employees working in the State Government offices for less than four hours is based on wrong assumptions. Hence, as per the decision of the Coordinate Bench, a part-time employee, who is working less than four hours, is not entitled to the benefits of the fixed wages of Rs.14,800/- as per the Circular dated 16.07.2019. 10. Furthermore, the expression used in the Circular dated 16.07.2019 that, “the part-time employees who are working upto four hours”, has to be construed that the employees in order to claim the pay of Rs.14,800/- have to actually work minimum for four hours and not less than four hours. If the expression is construed otherwise, then it would mean that a part-time employee who has worked even less than four hours, i.e the moment he is employed till he is relieved within four hours will also be entitled to claim benefit of fixed pay of Rs.14,800/-, which cannot be the intention of the State Government. 11. The benefit of the pay/wage, as per the Circular, is only extended to those part-time employees who have actually worked for four hours or more, as observed by the learned Single Judge. In the present case, it is not denied by the appellants that the respondent no.2 is working for minimum four hours. It is observed by the learned Single Judge that it will be open for the appellant – authorities to verify the working hours of the respondent-employee and in case it is found that he is working for four hours, i.e. rendering actual four hours of service and not below four hours, the part-time employee would be entitled to the benefits of the Circular dated 16.07.2019.” 11. In light of the foregoing observations of the Co-ordinate Bench and considering the findings recorded by the learned Single Judge, we do not find any infirmity or illegality in the order passed by the learned Single Judge as benefit of the pay/wages as per the Circular has only been extended to those part-time employees who have actually worked for four hours or more, after due verification as observed by the learned Single Judge and as per the observations of the learned Single Judge, it will be open for the appellant – authority to verify the working hours of the respondent Nos.3 to 5 - original petitioners and if it is found that they have worked for four hours, only then the part-time employees would be entitled to benefit of the Circular dated 16.07.2019. 12. Accordingly, the present Letters Patent Appeal, being devoid of any merit, is hereby dismissed. As a sequel, the connected Civil Application also stands disposed of.