Govind Limbaji Dombe And Another v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:4810-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 990 OF 2025 GOVIND LIMBAJI DOMBE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Shri Kulkarni Pramod A., Advocate for the Petitioner. Shri R.K. Ingole, AGP for Respondent Nos.1 and 2/State. Shri U.B. Bondar, Advocate for Respondent Nos.3 and 4. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 17th February, 2025 Per Court :- We have heard the learned advocate for the petitioners, the learned AGP as also the learned advocate Shri Bondar, who appears for respondent Nos.3 and 4 Zilla Parishad, Latur.

2.

The petitioners are ambulance drivers engaged for working with the Primary Health Centres being run by the Zilla Parishad, Latur, having been engaged through the contractor from time to time.

3.

The petitioners are now claiming benefits being

*2* derived by several such similarly placed ambulance drivers as per minimum pay scale at the lowest rate that is being paid to regular ambulance drivers in the government establishments. 4.

It is not in dispute that this Court, on the principle of 'equal pay to equal work', has already issued directions in several matters for payment of salary on the scale at minimum pay scale. One such order is annexed to the petition at page No.14 passed in Writ Petition No.16763/2024 filed by Akram Harun Shaikh and others vs. The State of Maharashtra and others and connected writ petitions decided at Mumbai on 22.11.2024, which in turn refers to basic common judgment in a group of matters in Navnath Bhaskar Dive and another vs. State of Maharashtra and others, Writ Petition No.1913/2024 decided on 30.08.2024 at Aurangabad Bench.

5.

We follow the same course. The Writ Petition is allowed partly. It is held that the petitioners are entitled to have salaries at the minimum scale in the pay scale being paid to ambulance drivers working with the State Government or on regular establishments. They shall be paid directly and not through the contractor. They shall not be entitled to claim

*3* regularization or shall not be entitled to claim arrears. The petitioners shall not be terminated except on the ground available to the contractor, it being an employer-employee relationship. kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)