Dattatrya Harishachandra Hanvate v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6415 OF 2021 Dattatraya Harischandra Hanvate, Age; 47 years, Occ; Driver, R/o; Sathe Chowk, Pangaon, Tq. Renapur, Dist. Latur.

...PETITIONER V E R S U S 1.

The State of Maharashtra, Through its Secretary, Ministry of Health and Family Welfare.

2.

The State of Maharashtra, Department of Rural Development, Through its Secretary, Mantralaya Mumbai.

3.

Director of Health Services, Saint George Hospital Compound, P.D. Mello Road, Mumbai-400001.

4.

District Medical Officer, Zilla Parishad, Latur.

5.

The Chief Executive Officer, Zilla Parishad, Latur.

District; Latur.

...RESPONDENTS WITH CIVIL APPLICATION NO. 7573 OF 2022 Dattatraya Harischandra Hanvate, ...APPLICANT V E R S U S

The State of Maharashtra and Ors.

...RESPONDENTS ...

Mr.Pramod A. Kulkarni, learned Advocate for Petitioners in all matters Mr. S.B.Yawalkar, learned AGP for Respondent Nos. 1 to 3. Mr. Uttam B. Bondar, learned Advocate for respondent Nos. 4 & 5. ...

CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

Reserved Date : 21.09.2022 Pronouncement Date : 28.09.2022 JUDGMENT : [PER : SANDEEP V. MARNE, J.] 1.

Rule. Rule is made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

2.

By this petition, the petitioner seeks direction for payment of wages in the minimum of pay scale applicable to regular employee. The issue is no more res integra and is covered by the decisions of this Court in Dhiraj s/o Sudhakarrao Wankhede and Ors. Vs. The Zilla Parishad, Chandrapur and Ors. in Writ Petition No. 2247 of 2014 decided by Nagpur Bench on 20.11.2019. In Writ Petition (ST.) No. 92250 of 2020 Nagendrayya P. Hiremath and Ors. Vs. The State of Maharashtra and Ors. decided by the Principal Seat on 08.12.2020. The issue is also covered by the order of the Apex Court in The Chief Executive Officer Zilla

Parishad Solapur Vs. Ashok Dhondiba Meher & Ors. Special Leave Petition (C) No. 8395 of 2021 decided on 23.03.2022. 3.

Consequently, we allow the petition and direct that the petitioners be paid wages at minimum of the pay scales at the lowest grade in regular pay scales extended to regular employees holding the same posts w.e.f. the date of the petition. Such payments be made within a period of six months from today.

4.

The Writ petition is disposed of in above terms. 5.

Consequently, the Civil Application No. 7573 of 2022 is disposed of.

6.

Rule is made absolute.

( SANDEEP V. MARNE ) ( MANGESH S. PATIL ) JUDGE JUDGE mahajansb/