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Bombay High CourtCP/6/2025disposed off

Vijay Hilal Nere v. The State Of Maharashtra And ORS.

2025-12-01Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CONT. PETITION NO. 1049 OF 2024 IN CP/748/2023 SALIM HAFEJ PATEL Mr. Gujar Vivekanand Vishwambhar, Advocate for Respondent Nos. 4 to 7 CONT. PETITION NO. 37 OF 2025 IN CP/186/2024 CONT. PETITION NO. 38 OF 2025 IN CP/728/2023 CONT. PETITION NO. 149 OF 2025 IN CP/736/2023 CONT. PETITION NO. 147 OF 2025 IN CP/751/2023 CONT. PETITION NO. 49 OF 2025 IN CP/733/2023 CONT. PETITION NO. 45 OF 2025 IN CP/657/2023 CONT. PETITION NO. 6 OF 2025 IN CP/743/2023 CONT. PETITION NO. 44 OF 2025 IN CP/643/2023 CONT. PETITION NO. 39 OF 2025 IN CP/735/2023 CONT. PETITION NO. 42 OF 2025 IN CP/753/2023 CONT. PETITION NO. 40 OF 2025 IN CP/755/2023 CONT. PETITION NO. 46 OF 2025 IN CP/651/2023 CONT. PETITION NO. 47 OF 2025 IN CP/656/2023 CONT. PETITION NO. 48 OF 2025 IN CP/749/2023 1/5

CONT. PETITION NO. 43 OF 2025 IN CP/760/2023 CONT. PETITION NO. 50 OF 2025 IN CP/756/2023 CONT. PETITION NO. 51 OF 2025 IN CP/642/2023 CONT. PETITION NO. 41 OF 2025 IN CP/744/2023 CONT. PETITION NO. 142 OF 2025 IN CP/517/2023 CONT. PETITION NO. 140 OF 2025 IN CP/226/2022 CONT. PETITION NO. 169 OF 2025 IN CP/719/2023 CONT. PETITION NO. 321 OF 2025 IN CP/542/2022 AND 31 CONT. PETITION NO. 1085 OF 2024 IN CP/516/2023 KIRAN SURESH PATIL AND OTHERS THE UNION OF INDIA AND OTHERS Ms. Jadhav Aummaheshwari S., Advocate for Respondent No. 1 Mr. Gujar Vivekanand Vishwambhar, Advocate for Respondent No. 5 AND 32 CONT. PETITION NO. 141 OF 2025 IN CP/536/2022 BHARAT GANPAT PADVI MILIND MHASEKAR (DELETED), 2/5

Mr. Jain Rakesh Nemichandji, Advocate for Respondent Nos. 4 and 5 AND 33 CONT. PETITION NO. 150 OF 2025 IN CP/531/2022 AAHAMAD BISMILA PINJARI MILIND MHASEKAR (DELETED), Mr. Jain Rakesh Nemichandji, Advocate for Respondent Nos. 5 and 6 CONT. PETITION NO. 158 OF 2025 IN CP/539/2022 CONT. PETITION NO. 165 OF 2025 IN CP/544/2022 CONT. PETITION NO. 171 OF 2025 IN CP/535/2022 CONT. PETITION NO. 168 OF 2025 IN CP/232/2022 CONT. PETITION NO. 173 OF 2025 IN CP/545/2022 CONT. PETITION NO. 166 OF 2025 IN CP/537/2022 CONT. PETITION NO. 176 OF 2025 IN CP/534/2022 CONT. PETITION NO. 170 OF 2025 IN CP/540/2022 CONT. PETITION NO. 167 OF 2025 IN CP/231/2022 CONT. PETITION NO. 172 OF 2025 IN CP/543/2022 CONT. PETITION NO. 175 OF 2025 IN CP/538/2022 CONT. PETITION NO. 174 OF 2025 IN CP/610/2022 3/5

CORAM :

NITIN B. SURYAWANSHI & VAISHALI PATIL - JADHAV, JJ.

DATE :

DECEMBER 01, 2025 P E R C O U R T :

1.

On instructions from Joint Director of Health, learned AGP submits that petitioners are appointed by 'National Health Mission Rugna Kalyan Samiti' operating at Zilla Parishad level. 2.

Learned Advocate for the petitioners submits that the said Samiti has appointed the petitioners under National Health Mission Scheme.

3.

Learned AGP submits that no prior approval of the State Government was taken before appointing the petitioners and, therefore, special provision will have to be made to pay salary of the petitioners. For this purpose, funds will have to be raised by the State Government. The same will have to be transferred to the Zilla Parishads. He seeks three months time to carry out this exercise. 4.

It is to be noted here that this Court has issued directions to the respondents by order dated 13.06.2023, and till date the petitioners are receiving Rs. 5,000/- per month.

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5.

Learned AGP submits that the petitioners are paid daily wages and not consolidated sum of Rs. 5,000/- per month. 6.

We are not going into these aspects. We are concerned about the implementation of the directions issued by this Court in the year 2023. It is a matter of record that in some matters, directions are issued in the year 2021.

7.

In the light of the above, we grant two months time, as a last chance to the respondents to make the arrangement and release the funds to the respective Zilla Parishads for making payment of back wages to the petitioners, failing which we will be taking contempt action against the respondents.

8.

Stand over to 02.02.2026.

[VAISHALI PATIL - JADHAV, J.] [NITIN B. SURYAWANSHI, J.] 5/5