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Civil · Reportable judgment

Shah Samir Bharatbhai & Ors. vs The State of Gujarat & Ors.

Court
Supreme Court of India
Date
22 August 2025
Case No.
Civil Appeal No. 11028 of 2025
Result
Disposed
Bench
Pamidighantam Sri Narasimha, Joymalya Bagchi
Citation
[2025] 8 S.C.R. 1161 : 2025 INSC 1026
Supreme Court Reports [2025] 8 S.C.R. 1161 : 2025 INSC 1026
Issue for consideration
Issue arose as regards claim for parity in pay by the respondents appointed on contractual basis as Assistant Professors with Assistant Professors who are performing identical duties and functions.
Headnote

Service law – Equal pay for equal work – Principle of – Contractually appointed Assistant Professors teaching in various Government Engineering Colleges and other Institutions – Parity in pay with similarly placed Assistant Professors who are performing identical duties and functions sought – Single Judge held that they would be entitled to a minimum of the pay scale of Assistant Professors, which was upheld by the Division Bench – Challenge to: Held: Applying the principles of equal pay for equal work and confirming the directions of the Division Bench, the respondentscontractually appointed Assistant Professors, entitled to the minimum pay scale admissible to Assistant Professors – It is just not enough to keep reciting gurubramha gururvishnu gurdevo maheshwarah at public functions, if the said declaration is believed, it must be reflected in the way the nation treats its teachers – Assistant professors appointed on contractual basis during 2011 to 2025 have been working at abysmally low monthly emoluments for the last two decades – While there is no material whatsoever drawing out a distinction between the duties and functions performed by them and that of their colleagues appointed regularly or on ad hoc basis, they continue to draw monthly salary of Rs. 30,000/which is disturbing – It is high time that the State takes up the issue and rationalize the pay structure on the basis of functions that they perform. [Paras 3, 5, 31-34]

Keywords: Claim for parity in pay · Contractual appointed Assistant Professors · Assistant Professors performing identical duties and functions · Equal pay for equal work · Government Engineering Colleges · Minimum of the pay scale · Gurubramha gururvishnu gurdevo maheshwarah · Public functions · Abysmally low monthly emoluments · Rationalize the pay structure

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment 1. Delay condoned. Leave granted. 2. These clutch of appeals stem from two judgments delivered by the Division Bench of the High Court of Gujarat. In the first judgment1, State of Gujarat & Anr. v. Gohel Vishal Chhaganbhai & Ors. State’s Letter Patent Appeals against orders of the single Judge granting the minimum scale of Assistant Professors to the respondents contractually appointed as Assistant Professors was dismissed. The State is before us in the first set of Civil Appeals. The second set of Civil Appeals pertain to some of the subsequently appointed contractual Assistant Pro
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