VidhiSangh

Supreme Court of India · 22/08/2025

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

[2025] 8 S.C.R. 1161 · 2025 INSC 1026

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Assistant Professors appointed on a contractual basis in Gujarat's government engineering and polytechnic colleges after open selection, performing the same duties as regularly and ad hoc appointed Assistant Professors, were held entitled to the minimum of the pay scale of Assistant Professors on the principle of equal pay for equal work. The State's appeals against the Division Bench judgment granting that relief were dismissed, and the appeals of a later batch whose writ petitions the Division Bench had dismissed altogether were allowed in part on the same terms.

Issues

  1. Whether Assistant Professors appointed on a contractual basis, who are qualified, selected through an open process and discharge the same functions as regular and ad hoc Assistant Professors, are entitled to the minimum of the pay scale of Assistant Professors.
  2. Whether the State could resist payment of arrears from three years preceding the filing of the writ petitions with interest at 8%.
  3. Whether a Division Bench, finding that a single Judge had not followed binding coordinate Bench decisions, could reverse the single Judge and dismiss the writ petitions altogether.

Held

Result

State's appeals against the High Court judgments dated 14.02.2023 and 22.03.2024 dismissed. Appeals of the contractually appointed Assistant Professors allowed in part: Division Bench judgment dated 20.12.2023 in LPA No. 1371 of 2023 and single Judge order dated 05.07.2023 set aside; the contractual Assistant Professors held entitled to the minimum pay scale admissible to Assistant Professors, with arrears at 8% from three years preceding the filing of the writ petitions.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 1161.