Pratap Singh Mohan Chavan vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 4020 Bom

WPs 3165 TO 3165 & 3495-21                   1            Common Judgment

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

                   WRIT PETITION NO. 3165/2021

1.   Shivshankar Narayan Ghate,
     Age: 34, Occup: Driver,
     R/o: Malegaon, Tq: Nandura, Distt: Buldana.
2.   Sandip Dyandeo Satav,
     Age: 34, Occup: Driver,
     R/o: Jawala Palaskhed, Tq: Shegaon, Dist: Buldana.
3.   Bhaskar Shriram Dange,
     Age: 37, Occup: Driver,
     R/o: Sonala, Tq: Sangrampur, Dist: Buldana.
4.   M.Bakarzafar Shekh Asgar,
     Age: 46, Occup: Driver,
     R/o: Amdapur, Tq: Chikhali, Dist:Buldana.
5.   Gajanan Dhansing Pawar,
     Age: 45, Occup: Driver,
     R/o Dhongarkhandala, Tq.Buldana, Dist: Buldana.
6.   Amol Gulabrao Solanke,
     Age: 30, Occup: Driver,
     R/o Bothakaji, Tq. Khamgaon, Dist-Buldana.              PETITIONERS

                               .....VERSUS.....

1.   The State of Maharashtra, Through its Secretary,
     Department of Public Health Officer,
     10 Floor, Complex Building premises of
     JT Hospital, Mumbai.
2.   The State of Maharashtra,
     Department of Rural Development, Through its
     Secretary, and Water Conservation Mantralaya,
     Mumbai.
3.   Director of Health Services,
     Director of Health Services, Mumbai.
4.   The Divisional Commissioner,
     Amravati Division, Amravati.
5.   The Chief Executive Officer,
     Zilla Parishad, Buldana.                               RESPONDENT S

                                    WITH
 WPs 3165 TO 3165 & 3495-21                  2            Common Judgment

                   WRIT PETITION NO. 3166/2021
Santosh Sitaram Shanke,
Age: 51, Occup: Driver,
R/o Shegaon, Tq. Shegaon, Dist-Buldana.                     PETITIONERS

                               .....VERSUS.....
1.   The State of Maharashtra, Through its Secretary,
     Department of Public Health Officer, 10 Floor,
     Complex Building premises of JT Hospital, Mumbai.
2.   The State of Maharashtra,
     Department of Rural Development, Through its
     Secretary, and Water Conservation Mantralaya,
     Mumbai.
3.   Director of Health Services,
     Director of Health Services, Mumbai.
4.   The Divisional Commissioner,
     Amravati Division, Amravati.
5.   The Chief Executive Officer,
     Zilla Parishad, Buldana.                              RESPONDENT S

                                    WITH
                   WRIT PETITION NO. 3167/2021
1.   Manohar Hanif Ghatte,
     Age: 41, Occup: Driver,
     R/o: Saykhed, Tq: Sangrampur, Distt: Buldana.
2.   Asaram Sakharam Mundhe,
     Age: 39, Occup: Driver,
     R/o: Sawargaon, Tq: Lonar, Dist: Buldana.              PETITIONERS

                               .....VERSUS.....
1.   The State of Maharashtra, Through its Secretary,
     Department of Public Health Officer, 10 Floor,
     Complex Building premises of JT Hospital, Mumbai.
2.   The State of Maharashtra,
     Department of Rural Development, Through its
     Secretary, and Water Conservation Mantralaya,
     Mumbai.
3.   Director of Health Services,
     Director of Health Services, Mumbai.
4.   The Divisional Commissioner,
     Amravati Division, Amravati.
 WPs 3165 TO 3165 & 3495-21                       3           Common Judgment

5.      The Chief Executive Officer,
        Zilla Parishad, Buldana.                                 RESPONDENT S
                                       WITH
                      WRIT PETITION NO. 3495/2021
1.      Pratapsingh Mohan Chavan,
        Age: 43, Occup: Driver,
        R/o: Hanwatkhed Waghala, Tq: Sindkhedraja,
        Distt: Buldana.
2.      Dipak Rambhau Khond,
        Age: 34, Occup: Driver,
        R/o: Jawala Palaskhed, Tq: Shegaon, Dist: Buldana.
3.      Sachin Chandrabhan Tayade,
        Age: 39, Occup: Driver,
        R/o: Sangrampur, Tq: Sangrampur, Dist: Buldana.
4.      Kadusing Shaligram Jadhav,
        Age: 48, Occup: Driver,
        R/o: Takarkhed, Tq: Nandura, Dist:Buldana.
5.      Nilesh Shivaji Galne,
        Age: 34, Occup: Driver,
        R/o Khandwa, Tq.Motala, Dist: Buldana.
6.      Rajendra Gajanan Murhe,
        Age: 27, Occup: Driver,
        R/o Atali, Tq. Khamgaon, Dist-Buldana.                    PETITIONERS
                                  .....VERSUS.....
1.      The State of Maharashtra, Through its Secretary,
        Department of Public Health Officer, 10 Floor,
        Complex Building premises of JT Hospital, Mumbai.
2.      The State of Maharashtra,
        Department of Rural Development, Through its
        Secretary, and Water Conservation Mantralaya,
        Mumbai.
3.      Director of Health Services,
        Director of Health Services, Mumbai.
4.      The Divisional Commissioner,
        Amravati Division, Amravati.
5.      The Chief Executive Officer,
        Zilla Parishad, Buldana.                                 RESPONDENT S

                  Shri P.A. Kulkarni, counsel for the petitioners.
     Ms H.N. Jaipurkar, Assistant Government Pleader for the respondent-State.
             Mrs. Vaishali Khadekar, counsel for the respondent no.5.
 WPs 3165 TO 3165 & 3495-21                  4            Common Judgment

CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.

DATE     : 13TH   APRIL,   2022.

ORAL JUDGMENT         (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

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

pay-scale (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.

WPs 3165 TO 3165 & 3495-21 5 Common Judgment

4. Rule is made absolute in aforesaid terms. No costs.

(SMT. M.S. JAWALKAR, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:13.04.2022 17:03