Bombay High Court
CHOTU RAGHUNATH MANDAPEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Contractual ambulance drivers are entitled to the minimum regular pay scale and those with over ten years of service are protected from replacement, subject to age or misconduct exceptions.
Summary
The petitioners, who are contractual ambulance drivers, sought two reliefs: (i) to be placed on the minimum pay scale of the lowest grade regular employees, and (ii) protection against termination of their contractual services. The State opposed the second relief, arguing that many petitioners had been in service for only six to nine months. Relying on precedent that employees with ten years or more of service deserve protection, and on the Supreme Court’s clarification in Navnath Bhaskar Dive (2024) concerning ambulance drivers, the Court ordered that the petitioners be paid the minimum regular pay scale prospectively. It further directed that contractual drivers with more than ten years of service be protected from replacement, except in cases of age or misconduct. The Court also instructed the Zilla Parishad and State Government to reflect the mandated pay scale in future tenders for contractual ambulance drivers.
Issues considered
- Whether contractual ambulance drivers are entitled to the minimum pay scale of regular employees.
- Whether contractual drivers with ten or more years of service are protected from termination or replacement.
- Whether tender documents must specify the mandated pay scale for contractual ambulance drivers.
Subjects
- contractual employment
- minimum pay scale
- service protection
- ambulance drivers
- employment law
- wage parity
- tenure protection
Judgment
2026:BHC-AUG:44525-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
65 WRIT PETITION NO. 12406 OF 2026
GAURAV PRASHANT DHANGAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Pramod A.Kulkarni, Advocate For The Petitioner
Mr. V. M. Kagne, AGP For Respondents/State
Mr. V. V. Gujar, Advocate For Respondent Nos.3 And 4
...
66 WRIT PETITION NO. 12407 OF 2026
SARVARSING OMA PADAVI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Pramod A.Kulkarni, Advocate For The Petitioner
Mr. S. R. Wakle, AGP For Respondents/State
Mr. Rakesh N. Jain, Advocate For Respondent Nos.3 And 4
...
67 WRIT PETITION NO. 12408 OF 2026
CHOTU RAGHUNATH MANDAPE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Pramod A.Kulkarni, Advocate For The Petitioner
Mr. B. B. Bhise, AGP For Respondents/State
Mr. V. V. Gujar,, Advocate For Respondent No.5
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. By these Petitions, the Petitioners have put forth two
fold prayers. Firstly, that they should be granted minimum pay scale
at lowest grade in the regular pay scale extended to the regular
employees holding the same post. Secondly, they should be
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protected against the termination of their contractual services.
2. Learned AGP has vehemently opposed the second
prayer contending that the contractual service details of the
Petitioners would indicate that some of the Petitioners have joined
hardly six months to nine months ago.
3. Learned Advocate for Petitioners submits that time and
again, this Court has concluded that those employees who complete
10 years or more in various establishments, need to be protected.
The judgment in the matter of Secretary, State of Karnataka
And Ors. vs. Umadevi (3) And Ors., [(2006) 4 Supreme Court
Cases 1] is relied upon. He, therefore, contends that those who are
working for 10 years or more should be protected against
replacement by ad-hoc or contractual fresh ambulance drivers.
4. In so far as the grant of pay scale is concerned, this
Court has dealt with the entire history of litigation with regard to the
ambulance drivers, vide extensive order dated 30 th August, 2024
passed in Writ Petition No.1913 of 2024 [Navnath Bhaskar
Dive And Another vs. State of Maharashtra And Others]. The
Hon'ble Supreme Court has crystallized the law in the light of
various judgments delivered by this Court at the Principal Seat, at
Aurangabad Bench and the Nagpur Bench. The order passed by this
Court in Navnath Bhaskar Dive (supra) is on account of all the
then pending ambulance drivers cases having been transferred to
this Bench.
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5. In view of the above, these Writ Petitions are disposed
of with the direction that the Petitioners would be paid the minimum
pay scales at lowest grade in the regular pay scales extended to the
regular employees. In so far as, those ambulance drivers who have
put in more than 10 years as contractual employees, their services
would be protected, meaning thereby that they would not be
replaced by new contractual or ad-hoc ambulance drivers, save and
except, in the cases of removal from contractual service on account
of age or misdemeanor.
6. The pay scale granted by this Court shall be paid
prospectively. We would also advise the Zilla Parishad and the State
Government to ensure that the fresh tenders or contracts by which
the services of contractual ambulance drivers are renewed or
extended or freshly engaged due to available vacancies, the tender
document must indicate the pay scale which will have to be
mandatorily paid to these drivers and accordingly the financial
aspect of the tenders shall be taken care of by the State
Government. Needless to state, further directions that are issued in
Navnath Bhaskar Dive (supra) with regard to the payment of the
wages to the contractual drivers directly by the Zilla Parishad or by
the State Government, would be equally applicable.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
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