Javed Manoj Tadvi And Another v. The Union Of India Through Its Secretary And Others

--1- 953-wp-6235-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 WRIT PETITION NO.6235 OF 2023

1. Javed Manoj Tadvi, Age : 31 yrs, Occu : Driver, Add : R/o Vakadi Tq. Jamner Dist. Jalgaon.

2. Dnyaneshwar Waman Chaudhari, Age : 33 yrs, Occu : Driver, Add : R/o Fattepur, Tq. Jamner Dist. Jalgaon.

...Petitioners

Versus

1. The Union of India, Through Its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

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

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

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

5. The Chief Executive Ofcer, Zilla Parishad, Jalgaon.

6. Medical Ofcer, Primary Health Centre

--2- 953-wp-6235-23 Chandsar Tq. Dharangaon, Dist. Jalgaon.

...Respondents

...

Advocate for Petitioners : Ms. Sayali Tarkasband h/f. Mr. Kulkarni Pramod A.

AGP for Respondent-State : Mr. P. S. Patil Adv.for Respondent Nos. 5 and 6 : Mr. Maheshkumar S. Sonawane ...

CORAM : MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 13 JUNE 2023 ...

ORAL ORDER ( MANGESH S. PATIL, J.) 1.

Mr. Sonwane appears on behalf of respondent Nos. 5 and 6.

2.

The petitioners were working as ambulance drivers with Primary Health Centres in Jalgaon District and were receiving a consolidated honourarium are coming with following prayers :

"B) By order of the Hon'ble Court, respondent No. 4 be directed that the petitioners be paid wages at minimum of the pay scale. (At the lowest grade in the regular pay scale) C) Pending hearing and fnal disposal of this

--3- 953-wp-6235-23 writ petition by order of the Hon'ble Court, Respondent No.4 be directed to not to terminate the services of the present petitioner.

D) The Hon'ble Court to be pleased to direct the respondent to pay arrears as in accordance with law."

3.

We have heard both the sides. This Court in several matters in respect of ambulance drivers, viz. Kiran Suresh Patil and others Vs. Union of India (Writ Petition No. 4312 of 2023) vide order dated 17.04.2023 and Dhiraj Sudhakarrao Wankhede Vs. Zilla Parishad, Chandrapur ( Writ Petition No. 2247 of 2014 - Nagpur) vide order dated 20.11.2019 have granted interim relief of continuation on the post so long as the scheme under which they have been recruited lasts and further been directed to be paid minimum pay scale in the lowest grade as is available to the regular employees. 4.

By adopting the aforesaid view, the Writ Petition is allowed in following terms :-

--4- 953-wp-6235-23 (i) Petitioners shall be continued as long as the scheme under the Rugna Kalyan Samiti of the Zilla Parishad lasts. They shall be paid a minimum pay scale in the lowest grade as is available to the regular employees.

(ii) The arrears, if any, shall be paid to them within two months.

(S.G.CHAPALGAONKAR) (MANGESH S. PATIL) JUDGE JUDGE shp/-