SHAH SAMIR BHARATBHAI & ORS. versus THE STATE OF GUJARAT & ORS.

SHAH SAMIR BHARATBHAI & ORS. versus THE STATE OF GUJARAT & ORS.

Contractually appointed Assistant Professors who perform the same duties and functions as regularly appointed or ad hoc Assistant Professors are entitled to be paid the minimum of the pay scale admissible to Assistant Professors; arrears are payable calculated at 8% from three years preceding the date of filing of the writ petitions.

Parties
Appellants: Shah Samir Bharatbhai & Ors.; Respondents: The State of Gujarat & Ors.
Jurisdiction
India
Judgment Date
22 August 2025
Procedural Posture
Civil Appeal / Judgment on Appeal Before the Supreme Court (final Disposition)
Outcome
State's appeals dismissed; appeals by contractually appointed Assistant Professors allowed in part and directions issued that they shall receive the minimum pay scale for Assistant Professors and arrears at 8% from three years preceding filing of the writ petitions; certain High Court orders set aside.
Legal Topics
Equal Pay for Equal Work, Parity in Pay, Contractual Appointments, Assistant Professors
Service Law Equal Pay for Equal Work Parity in Pay Contractual Appointments Assistant Professors

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Parties

Shah Samir Bharatbhai & Ors.

Appellants

The State of Gujarat & Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal Before the Supreme Court (final Disposition)

Legal Issues

  1. 1 Whether assistant professors appointed on contractual basis are entitled to parity in pay with regularly appointed or ad hoc assistant professors performing identical duties
  2. 2 Whether contractually appointed assistant professors are entitled to arrears and interest, and the appropriate period and rate for such arrears
  3. 3 Whether the terms of the contract preclude relief under the principle of equal pay for equal work

Ratio Decidendi

Contractually appointed Assistant Professors who perform the same duties and functions as regularly appointed or ad hoc Assistant Professors are entitled to be paid the minimum of the pay scale admissible to Assistant Professors; arrears are payable calculated at 8% from three years preceding the date of filing of the writ petitions.

Court Disposition

State's appeals dismissed; appeals by contractually appointed Assistant Professors allowed in part and directions issued that they shall receive the minimum pay scale for Assistant Professors and arrears at 8% from three years preceding filing of the writ petitions; certain High Court orders set aside.

Orders

  • Dismissed Civil Appeals filed by the State of Gujarat arising from the High Court judgments dated 14.02.2023 and 22.03.2024 insofar as they challenged grant of minimum pay to contractual Assistant Professors
  • Set aside the Division Bench judgment in LPA No.1371 of 2023 dated 20.12.2023 and the Single Judge order in R/Special Civil Application No.11567 of 2018 dated 05.07.2023