Govind Limbaji Dombe and Another Vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2025) — LawSathi Research

Govind Limbaji Dombe and Another Vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed partly: petitioners held entitled to salaries at the minimum pay scale paid to ambulance drivers in State Government/regular establishments, payable directly and not through the contractor; claims for regularization and arrears negatived; termination barred except on grounds available to the contractor.

Issue for consideration

Whether the petitioners, ambulance drivers engaged through a contractor for the Primary Health Centres run by the Zilla Parishad, Latur, are entitled to salaries at the minimum pay scale paid to regular ambulance drivers in government establishments, on the principle of 'equal pay to equal work'. +1 more

Court's answer

The petitioners are entitled to salaries at the minimum scale in the pay scale being paid to ambulance drivers working with the State Government or on regular establishments.

Ratio / Principle

The petitioners shall be paid their salaries directly and not through the contractor.

Key takeaways

The petitioners shall not be entitled to claim regularization and shall not be entitled to claim arrears.ratio¶22
The petitioners shall not be terminated except on a ground available to the contractor, the relationship being one of employer and employee.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Mangesh S. Patil & Prafulla S. Khubalkar, JJ.), Per Court — Writ Petition No. 990 of 2025, decided 17th February, 2025. Petitioners, ambulance drivers engaged through a contractor for Primary Health Centres run by the Zilla Parishad, Latur, claimed pay parity with regular government ambulance drivers. Noting that the Court had already issued directions on the principle of 'equal pay to equal work' in Akram Harun Shaikh v. State of Maharashtra (WP 16763/2024, decided at Mumbai on 22.11.2024), which referred to the basic common judgment in Navnath Bhaskar Dive v. State of Maharashtra (WP 1913/2024, decided at Aurangabad on 30.08.2024), the Court followed the same course and allowed the petition in part: the petitioners were held entitled to salaries at the minimum of the pay scale paid to ambulance drivers working with the State Government or on regular establishments; salary is to be paid directly and not through the contractor; claims for regularization and arrears stand negatived; and the petitioners cannot be terminated except on a ground available to the contractor, the relationship being one of employer and employee.

2025:BHC-AUG:4810-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO. 990 OF 2025

GOVIND LIMBAJI DOMBE AND ANOTHER VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Shri Kulkarni Pramod A., Advocate for the Petitioner. Shri R.K. Ingole, AGP for Respondent Nos.1 and 2/State. Shri U.B. Bondar, Advocate for Respondent Nos.3 and 4.

CORAM : MANGESH S. PATIL &

PRAFULLA S. KHUBALKAR, JJ.

DATE : 17^th February, 2025

Per Court :-

We have heard the learned advocate for the

petitioners, the learned AGP as also the learned advocate Shri Bondar, who appears for respondent Nos.3 and 4 Zilla Parishad, Latur.

The petitioners are ambulance drivers engaged for

working with the Primary Health Centres being run by the Zilla Parishad, Latur, having been engaged through the contractor from time to time.

The petitioners are now claiming benefits being

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derived by several such similarly placed ambulance drivers as per minimum pay scale at the lowest rate that is being paid to regular ambulance drivers in the government establishments.

It is not in dispute that this Court, on the principle of ‘equal pay to equal work’, has already issued directions in several matters for payment of salary on the scale at minimum pay scale. One such order is annexed to the petition at page No.14 passed in Writ Petition No.16763/2024 filed by Akram Harun Shaikh and others vs. The State of Maharashtra and others and connected writ petitions decided at Mumbai on 22.11.2024, which in turn refers to basic common judgment in a group of matters in Navnath Bhaskar Dive and another vs. State of Maharashtra and others , Writ Petition No.1913/2024 decided on 30.08.2024 at Aurangabad Bench.

We follow the same course. The Writ Petition is allowed partly. It is held that the petitioners are entitled to have salaries at the minimum scale in the pay scale being paid to ambulance drivers working with the State Government or on regular establishments. They shall be paid directly and not through the contractor. They shall not be entitled to claim

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regularization or shall not be entitled to claim arrears. The petitioners shall not be terminated except on the ground available to the contractor, it being an employer-employee relationship.

kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J. )