Pankaj Devidas Tayde v. The Union Of India Through Its Secretary And Others

2025:BHC-AUG:2159-DB 1 wp 12272.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12272 OF 2024 Pankaj Devidas Tayade .. Petitioner

Versus

The Union of India and others .. Respondents Shri Pramod A. Kulkarni, Advocate for the Petitioner. Shri Ajay G. Talhar, D.S.G.I. for the Respondent No. 1. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 2 to 4. Shri Vivekanand V. Gujar, Advocate for the Respondent Nos. 5 and 6.

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 27TH JANUARY, 2025.

ORDER :

.

Heard the respective counsels. The petitioner was the ambulance driver. He prayed for the wages at the minimum the pay scale (at the lowest grade in the regular pay scale). 2.

Learned counsel for the petitioner would submit that many of the identical ambulance drivers have been granted the pay scale. Various writ petitions have been decided. Bunch of writ petitions were lastly decided is on 30th August, 2024. One of the bunch of petitions was bearing Writ Petition No. 1913 of 2024 Navnath Bhaskar Dive and another Vs. The State of Maharashtra and others.

2 wp 12272.24 2.

The coordinate Bench of this Court on identical facts took a view that petitions deserve to be allowed and the employers were directed to directly pay the salaries to employees. It would be within the domain of the principal employer to adjust the amount as against the bills of the contractors and also by adjusting service charges.

3.

There is no dispute that identically situated ambulance drivers in the State have been given benefits. Therefore, the learned counsel for the contesting respondents did not deny the earlier view. Considering the issue already covered, we pass following order.

4.

In view of the above, this writ petition is disposed of, with the following directions :- a) The Rugna Kalyan Samiti of the Zilla Parishad would continue the petitioner as long as the scheme lasts or is implemented.

b) The petitioner would be entitled for the minimum pay-scale in the lowest grade as is available to the regular employees.

c) The arrears of his unpaid salaries/wages would be

3 wp 12272.24 calculated and paid to the petitioner by following the settled procedure, within 60 days from today. [SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Jan. 25