Ravindra Sadaram Tidke And Others vs State Of Maharashtra, Through ...
2021 Latest Caselaw 10838 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                    CIVIL APPLICATION (CAW) NO.1081 OF 2021
                                       IN
                      CIVIL WRIT PETITION NO.2869 OF 2021
    (Ravindra Sadaram Tidke and others Vs. State of Maharashtra, through its Secretary,
                   Health Department Mantralaya Mumbai and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions              Court's or Judge's orders.
and Registrar's Orders.
                            Mr. S.S. Dhengale, Advocate for petitioners
                            Ms. N.P. Mehta, AGP for the respondent Nos.1 to 3, 5 and 6/State


                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

DATE : 11th AUGUST, 2021.

Heard learned counsel for the petitioners.

2. Petitioners are praying for grant of interim relief in the nature of stay to the tender process initiated in pursuance of the tender notice dated 19.07.2021. The tender notice dated 19.07.2021 shows that now, the bids are invited for appointing "Drivers for Referral Transfer Ambulances" on contract basis.

3. Mr. Dhengale, learned counsel for the petitioners further submits that the petitioners, who are already contractual ambulance drivers, are entitled to have the same relief, as has been given to the petitioners in Writ Petition No.6025 of 2015 and also the petitioners in Writ Petition No.2247 of 2014,

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respectively decided on 29.06.2017 and 20.11.2019, as the petitioners are similarly situated contractual ambulance drivers.

4. Learned AGP submits that in the petition, there being no clause included regarding granting of the interim relief, it would be appropriate that time is granted to the respondents for submitting their reply in the matter.

5. We would have granted time in normal course but, considering the submission of the learned counsel for the petitioners, we do not think that any more time can be granted. Learned counsel for the petitioners submits that the bids submitted in pursuance of the tender notice dated 19.07.2021 are going to be opened on 13.08.2021. Since the bids are invited for issuing appointments of ambulance drivers on contract basis, any opening of the bids on 13.08.2021 would lend to creation of some rights of the bidders and if it happens in a case like this, it may lead to complicating further the issue involved in the present case.

6. It is pertinent to note here that by the judgment dated 29.06.2017 passed in Writ Petition No.6025 of 2015, the other Division Bench of this Court has held that the Zilla Parishad, the respondent therein, can not terminate the services of the petitioners, who were the ambulance drivers on contract basis and

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appoint other drivers once again on contract basis by replacing the petitioners. The Bench further held that services of those contractual drivers could be terminated only when the Zilla Parishad appointed drivers on permanent posts in clear vacancies by following the due procedure for selection.

7. In writ Petition No.2247 of 2014 decided on 20.11.2019, a similar view has been taken by this Court. Additionally, this Court also held, by following the law laid down by the Supreme Court in the case of State of Panjab and others and Jagjit Singh and others, reported in (2017) 1 SCC 148 that the contractual ambulance drivers, who were the petitioners in that case, were entitled to draw wages at the minimum of the pay scale (at the lowest grade, in the regular pay scale) extended to regular employees holding the same post on the principle of equal pay for equal work.

8. In the aforestated earlier petitions, bearing Writ Petition No.6025 of 2015 and Writ Petition No.2247 of 2014, respondent Nos.1 to 3 were parties and therefore, these respondents are well aware of the law declared by this Court. It would, therefore, have been appreciated if these respondents had taken its decision in the matter by bearing in mind the law so laid down. We are of the view that prima facie the tender process initiated as per the tender notice dated

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19.07.2021 does not take into account the law declared by this Court in the aforestated petitions and therefore, we are of the further view that a strong prima facie case has been made out by the petitioners, warranting interference by this Court by granting interim relief. It is therefore directed that if any appointments of the ambulance drivers on contractual basis are to be made in pursuance of the tender notice dated 19.07.2021, the same shall not result in disturbance of services of these petitioners as contractual drivers and shall not be in the nature of substitution of these petitioners as contractual ambulance drivers, until further orders.

9. Issue notice for final disposal at admission stage to the respondents, returnable after three weeks.

10. Ms. N.P. Mehta, learned Assistant Government Pleader, waives service of notice for respondent Nos.1 to 3, 5 and 6.

11. Meanwhile, there shall be interim stay to the tender process initiated as per the tender notice dated 19.07.2021 till further orders.

12. Leave to file typed copies of some of the blur and illegible documents is granted.

                                           JUDGE                              JUDGE
nd.thawre