Bombay High Court
Yuvraj Santrao Bhole And Others vs The State Of Maharashtra And ... on 9 December, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
wp-2087-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 WRIT PETITION NO.2087 OF 2016
WITH WP/3008/2016 WITH WP/3016/2016 WITH WP/4198/2016
WITH WP/4199/2016 WITH WP/3015/2016 WITH WP/3011/2016
WITH WP/3017/2016 WITH WP/4202/2016 WITH WP/4203/2016
WITH WP/4201/2016 WITH WP/4197/2016 WITH WP/4200/2016
WITH WP/3012/2016 WITH WP/3005/2016 WITH WP/3010/2016
WITH WP/3014/2016 WITH WP/3007/2016 WITH WP/3006/2016
WITH WP/3013/2016 WITH WP/3018/2016 WITH WP/2089/2016
WITH WP/3009/2016 WITH WP/2091/2016 WITH WP/2096/2016
YUVRAJ SANTRAO BHOLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. Patil N.P. Jamalpurkar
AGP for Respondent Nos.1 to 6 : Mr. S.B. Yawalkar
Advocate for Respondent No.7 : Mr. A.T. Jadhavar
...
CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, J.J.
DATED : 09th DECEMBER, 2021
PER COURT:-
1. Shri Jadhavar waives service of notice on behalf of all the
NGO's in all these matters. Shri Jadhavar, the learned advocate
representing respondent no.7 submits that on the next date, he would
keep the records pertaining to the registration of respondent no.7 and
appropriate permission received from the government for operating the
Balgruha by name Shriram Balgruha, available.
2. The learned advocate for the petitioners has drawn our
attention to the judgment delivered by this Court dated 08.04.2005 at
the Principal Seat in Writ Petition No.990 of 1993 fled by Malan Karale
wp-2087-2016.odt
and 3 others Vs. Ms. Aloo Chibber and 6 others, wherein this Court
concluded that the doctrine of equal pay for equal work would be
squarely applicable to the employees working in the Children's Home/
Balgruha. He further submits that the said judgment was challenged
by the State before the Hon'ble Apex Court in Special Leave to Appeal
(Civil) No.1136 of 2006, which was dismissed by order dated
24.01.2011.
3. He then points out that a Government Resolution dated
18.03.2014 was introduced by the Women and Child Development
Department, Government of Maharashtra for taking care of the
employees working in the Children's Aid Society Operated Child
Welfare Nagri, Mankhurd. In this government resolution as well, the
pay scales were made applicable and grants were provided.
4. He then draws our attention to a judgment dated
02.05.2014 delivered by this Court at Aurangabad in Writ Petition
No.2861 of 2012 fled by Maharashtra Mahila Prashikshan Bal Sadan,
Balak Ashram, Balgruha Swayansevi Sanstha Chalak Sangh, Latur Vs.
The State of Maharashtra and Others and connected petitions, wherein
this Court had directed the Chief Secretary of the State of Maharashtra
to convene a joint meeting of the Principal Secretary of Women and
Child Development Department and the Principal Secretary of Finance
Department of State of Maharashtra in view of the observations made
in the judgment delivered in Writ Petition No.990 of 1993 dated
08.04.2005.
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5. Shri Patil, therefore, submits that in the meeting held on
26.05.2014, pursuant to the above directions, wherein the Chief
Secretary has opined that the suggestions of the Commissioner,
Women and Child Development Department, Pune with regard to the
salary structuring of the employees working in the NGO, Child Welfare
Homes, is not binding on the State.
6. Considering the above, we expect the learned AGP to take
specifc instructions as to whether the above referred judgments in
which the pay structuring of employees working in NGO operated Child
Welfare Homes should be at par with the employees of the State
Government, whether the principle of equal wages for equal work
should be made applicable or not and whether the Government would
sanction salary grants to such Balgruha? We would appreciate if a
short afdavit is fled or even tendered across the bar on 17.12.2021.
7. List this petition on 17.12.2021 at 02.30 pm.
(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.)
Mujaheed//
