Dattatrya Harishachandra ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 9929 Bom

                                       1                  wp6415.21 Judgment.docx



               IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                           BENCH AT AURANGABAD


                            WRIT PETITION NO. 6415 OF 2021


         Dattatraya Harischandra Hanvate,
         Age; 47 years, Occ; Driver,
         R/o; Sathe Chowk, Pangaon,
         Tq. Renapur, Dist. Latur.                             ...PETITIONER



                VERSUS

1.       The State of Maharashtra,
         Through its Secretary,
         Ministry of Health and Family Welfare.

2.       The State of Maharashtra,
         Department of Rural Development,
         Through its Secretary, Mantralaya Mumbai.

3.       Director of Health Services,
         Saint George Hospital Compound,
         P.D. Mello Road, Mumbai-400001.

4.       District Medical Officer,
         Zilla Parishad, Latur.

5.       The Chief Executive Officer,
         Zilla Parishad, Latur.                           ...RESPONDENTS
         District; Latur.


                                        WITH

                         CIVIL APPLICATION NO. 7573 OF 2022


         Dattatraya Harischandra Hanvate,                       ...APPLICANT

                VERSUS




     ::: Uploaded on - 29/09/2022                 ::: Downloaded on - 29/09/2022 22:44:45 :::
                                            2                    wp6415.21 Judgment.docx



         The State of Maharashtra and Ors.                       ...RESPONDENTS


                                     ...
     Mr.Pramod A. Kulkarni, learned Advocate for Petitioners in all matters
          Mr. S.B.Yawalkar, learned AGP for Respondent Nos. 1 to 3.
      Mr. Uttam B. Bondar, learned Advocate for respondent Nos. 4 & 5.
                                     ...


                                    CORAM :    MANGESH S. PATIL &
                                               SANDEEP V. MARNE, JJ.

                                    Reserved Date        :    21.09.2022
                                    Pronouncement Date :      28.09.2022



JUDGMENT : [PER : SANDEEP V. MARNE, J.]

1. Rule. Rule is made returnable forthwith. With the consent of

the learned Advocates for the respective parties, heard finally at the stage

of admission.

2. By this petition, the petitioner seeks direction for payment of

wages in the minimum of pay scale applicable to regular employee. The

issue is no more res integra and is covered by the decisions of this Court

in Dhiraj s/o Sudhakarrao Wankhede and Ors. Vs. The Zilla Parishad,

Chandrapur and Ors. in Writ Petition No. 2247 of 2014 decided by

Nagpur Bench on 20.11.2019. In Writ Petition (ST.) No. 92250 of 2020

Nagendrayya P. Hiremath and Ors. Vs. The State of Maharashtra and

Ors. decided by the Principal Seat on 08.12.2020. The issue is also

covered by the order of the Apex Court in The Chief Executive Officer Zilla

3 wp6415.21 Judgment.docx

Parishad Solapur Vs. Ashok Dhondiba Meher & Ors. Special Leave

Petition (C) No. 8395 of 2021 decided on 23.03.2022.

3. Consequently, we allow the petition and direct that the

petitioners be paid wages at minimum of the pay scales at the lowest

grade in regular pay scales extended to regular employees holding the

same posts w.e.f. the date of the petition. Such payments be made within

a period of six months from today.

4. The Writ petition is disposed of in above terms.

5. Consequently, the Civil Application No. 7573 of 2022 is

disposed of.

6. Rule is made absolute.

     ( SANDEEP V. MARNE )                       ( MANGESH S. PATIL )
          JUDGE                                      JUDGE




mahajansb/