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Bombay High CourtWP/2445/2021rule absolute

Parameshwar Ganpat Hagwane And Others v. State Of Maharashtra, Thr. Secretary, Ministry Of Health And Family Welfare, Mumbai And Others

2022-04-13Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

WP 2445-21 Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2445/2021 1.

Parameshwar Ganpat Hagwane, Age: 30, Occup: Driver, R/o: Korta, Tq: Umarkhed, Distt: Yavatmal.

2.

Balu Uattamrao Kattarawad, Age: 40, Occup: Driver, R/o: Jewali, Tq: Umarkhed, Dist: Yavatmal.

3.

Premdas Keshav Karhale, Age: 39, Occup: Driver, R/o: Therdi, Tq: Umarkhed, Dist: Yavatmal.

4.

Datta Rajaram Nayadande, Age: 49, Occup: Driver, R/o: Pohandal, Tq: Mahagaon, Dist:Yavatmal.

PETITIONERS .....VERSUS.....

1.

The State of Maharashtra, Through its Secretary, Ministry of Health and Family Welfare, Copy to be served on Govt.Pleader High Court, Bench at Aurangabad.

2.

Director of Health Services, Saint George Hospital Compound, P.D'Mello Road, Mumbai-400 001.

3.

Deputy Director of Health Service, Akola Circle, Akola.

4.

District Health Officer, Zilla Parishad, Yavatmal. 5.

The Chief Executive Officer, Zilla Parishad, Yavatmal.

R ESPONDENT S Shri P.A. Kulkarni, counsel for the petitioners. Ms N.P. Mehta, Assistant Government Pleader for the respondents nos.1 to 3. Shri R.D. Bhuibhar, counsel for the respondent nos.4 and 5. CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, J J . D ATE : 13 TH APRIL, 2022 .

ORAL

JUDGMENT

(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

WP 2445-21 Judgment 2.

The petitioners seek similar relief being Ambulance Drivers as has been granted in Writ Petition No.2247 of 2014 decided on 20.11.2019. The learned counsel for the parties agree that the directions issued in that writ petition have attained finality on account of dismissal of the Special Leave Petition preferred by the concerned Zilla Parishad as well as the State Government.

3.

Hence, for reasons assigned in Writ Petition No.2247 of 2014, the present petitioners are granted similar relief. It is accordingly directed that the petitioners be paid wages at the minimum of the payscale (at the lowest grade, in the regular pay-scale) extended to regular employees holding the same post with effect from the date of the petition. All arrears be calculated accordingly and paid by the respondent no.5 to the petitioners within a period of six months from the date of the order. 4.

Rule is made absolute in aforesaid terms. No costs. (SMT. M.S. JAWALKAR, J.) (A.S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE