Case Note & Summary
The case concerned a writ petition filed by contractual lecturers seeking directions to the State to release minimum pay scale, allowances, and arrears with interest in terms of earlier judicial pronouncements. The petitioners were appointed as lecturers in a Government Degree Engineering College in the years 2013 and 2014 on fixed pay. While other similarly situated lecturers, whether ad-hoc or regular, were granted regular pay scales and benefits, the petitioners were allegedly discriminated against. Earlier, similarly placed lecturers had preferred Special Civil Application No. 8154 of 2015, which was decided on 07.09.2016, directing that contractual lecturers are entitled to minimum pay scale and allowances from January 2015. This order was confirmed in Letters Patent Appeal No. 1159 of 2017 by a Division Bench, which modified it to grant arrears for three years preceding the filing of the petition with 8% simple interest. The matter ultimately reached the Supreme Court, which in the case of Shah Samir Bharatbhai versus State of Gujarat, decided on 22.08.2025, held that contractual Assistant Professors are entitled to minimum pay scale admissible to Assistant Professors and arrears with 8% interest for three years preceding the filing of the writ petition. Later, a Coordinate Bench of the High Court in Jaydipsinh Chavda versus State of Gujarat, order dated 08.09.2025, followed these decisions. Relying on these authorities, the petitioners argued that they are similarly situated and thus entitled to identical relief. The State, through the Assistant Government Pleader, opposed the petition but could not dispute the settled legal position. The Court observed that there was no substantial resistance from the State and that the decisions invoked were squarely applicable. Consequently, the petition was allowed. The Court directed that the petitioners as contractual lecturers be paid the minimum of the pay scale with all allowances of the post of lecturer, with arrears restricted to three years preceding the filing of the petition, along with interest at 8% on the arrears. Compliance was to be made within 60 days from receipt of the order, and the petitioners were directed to file appropriate applications to ascertain the date of receipt. Rule was made absolute, and direct service was permitted.
Headnote
A) Constitutional Law - Equality in Employment - Contractual Lecturers Entitled to Minimum Pay Scale with Allowances and Arrears - Not mentioned - The petitioners, contractual lecturers on fixed pay, sought pay parity with regular lecturers following earlier decisions of the High Court and Supreme Court. The State could not dispute the settled proposition that contractual lecturers are entitled to minimum of pay scale and allowances, and arrears with 8% interest for three years preceding the filing. Held that the petitioners are entitled to the same relief as granted in Shah Samir Bharatbhai (Supreme Court) and Jaydipsinh Chavda (High Court) cases. (Paras 4-9).
Issue of Consideration
Whether the petitioners, being contractual lecturers appointed on fixed pay, are entitled to the same relief of minimum pay scale with allowances and arrears with 8% interest as granted in earlier decisions of the Supreme Court and High Court.
Final Decision
The petition was allowed. The Court directed: (i) the petitioners as contractual lecturers shall be paid minimum pay scale with all allowances in the post of lecturer, with arrears restricted to three years preceding the filing of the petition; (ii) interest at 8% on the arrears; (iii) compliance within 60 days from receipt of order, with petitioners to file applications for clarity on date of receipt. Rule made absolute.
Law Points
- Contractual lecturers entitled to minimum pay scale of regular lecturers
- arrears restricted to three years preceding filing
- entitlement to 8% interest
- principle of equal pay for equal work
