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Bombay High Court

SHARAD DATTATARY MENGADEversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

Contractual ambulance drivers must be paid wages at the minimum of the regular pay scale applicable to regular drivers, with arrears from 22 February 2021.

Summary

The petitioners, who were appointed as contractual ambulance drivers by various Zilla Parishads in Maharashtra, sought payment of wages at the minimum of the regular pay scale for Class III drivers and arrears from the date of joining. The Court noted that the petitioners performed the same duties as regular drivers and relied on the Supreme Court’s ‘equal pay for equal work’ jurisprudence. It cited a series of precedents, including State of Punjab v Jagjit Singh, Dhiraj Wankhede v Zilla Parishad, and several subsequent High Court and Supreme Court decisions upholding wage parity for contractual drivers. The Court rejected the respondents’ refusal to comply, emphasizing that artificial wage differentials are impermissible and discriminatory. Consequently, the Court ordered the respondents to pay the petitioners wages at the minimum regular pay scale, with arrears payable from 22 February 2021, and directed dissemination of the judgment to all Zilla Parishads.

Issues considered

  • Whether contractual ambulance drivers are entitled to wages equal to the minimum of the regular pay scale for similarly situated regular drivers.
  • Whether the respondents can lawfully withhold arrears of wages despite established jurisprudence on equal pay for equal work.

Legislation cited

Subjects

  • equal pay for equal work
  • contractual ambulance drivers
  • wage parity
  • minimum pay scale
  • discrimination
  • Industrial Disputes Act
  • writ petition
  • Maharashtra
  • Zilla Parishad

Judgment

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 2651 OF 2026

Vasant Nagnath Adwal                                            Petitioner

          versus

The State Of Maharashtra Thr

Its Secretary Ministry Of

Health And Family and Ors                                   Respondents

                                    WITH

                     WRIT PETITION NO. 6693 OF 2026

Pravin Maruti Said                                              Petitioner

          versus

The State Of Maharashtra Thr

Its Secretary Ministry Of

Health And Family and Ors                                   Respondents

                                    WITH

                     WRIT PETITION NO. 6690 OF 2026

Ballaleshwar Lala Bhandalkar                                    Petitioner

          versus

The State Of Maharashtra Thr

Its Secretary Ministry Of

Health And Family and Ors                                   Respondents




                               Page 1 of 22
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                                      WITH

                    WRIT PETITION NO. 6672 OF 2026

Vishal Bhagwan Sawane                                          Petitioner

          versus

The State Of Maharashtra Thr

Its Secretary Ministry Of

Health And Family and Ors                                  Respondents

                                      WITH

                    WRIT PETITION NO. 6666 OF 2026

Harshal Santosh Shiratar                                       Petitioner

          versus

The State Of Maharashtra

Thr Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                      WITH

                    WRIT PETITION NO. 6678 OF 2026

Sanjay Dhanaji Shelke                                          Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of Health and

Family Welfare and Ors                                     Respondents

                                      WITH

                    WRIT PETITION NO. 6643 OF 2026



                                Page 2 of 22
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Magbul Hasanbhai Mulani                                        Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6640 OF 2026

Rajendra Vasant Raut                                           Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6628 OF 2026

Ganesh Anil Kolhe                                              Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6654 OF 2026

Rohit Shivaji Ghogare                                          Petitioner

          versus



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The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6652 OF 2026

Shashikant Kisan Bhawari                                       Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6677 OF 2026

Pradeep Shivaji Pawar                                          Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6679 OF 2026

Shivaji Dattatrya Gole                                       Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of



                               Page 4 of 22
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Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6681 OF 2026

Shekhar Keru Lokhande                                          Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6685 OF 2026

Ramdas Sakharam Atole                                          Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH

                    WRIT PETITION NO. 6650 OF 2026

Digambar Kanhoba Kharade                                       Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                          Respondents

                                    WITH



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                       WRIT PETITION NO. 6688 OF 2026

Bhagvan Haushiram Dere                                            Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                             Respondents

                                     WITH

                       WRIT PETITION NO. 6626 OF 2026

Suresh Vitthal Dolas                                              Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                             Respondents

                                     WITH

                       WRIT PETITION NO. 6625 OF 2026

Rupesh Dashrath Behede                                            Petitioner

          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                             Respondents

                                     WITH

                       WRIT PETITION NO. 6627 OF 2026

Santosh Vilas Dhamdhere                                           Petitioner



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          versus

The State Of Maharashtra

Thr Its Sec. Ministry Of

Health and Family Welfare and Ors                           Respondents

                                    WITH

                     WRIT PETITION NO. 7415 OF 2026

Sharad Dattatary Mengade                                        Petitioner

          versus

The State Of Maharashtra

Thru Secretary and Ors                                      Respondents

                                    WITH

                     WRIT PETITION NO. 7401 OF 2026

Aditya Shantaram Gaikwad                                        Petitioner

          versus

The State Of Maharashtra

Thru Secretary and Ors                                      Respondents

                                    WITH

                     WRIT PETITION NO. 7410 OF 2026

Mustak Sikandar Shaikh                                          Petitioner

          versus

The State Of Maharashtra

Thr. Its Secretary Ministry

Of Health and Family Welfare And Ors                        Respondents



                               Page 7 of 22
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                                     WITH

                       WRIT PETITION NO. 7412 OF 2026

Tejas Rajesh Sherkar                                              Petitioner

          versus

The State Of Maharashtra

Thru Secretary and Ors                                        Respondents

                                     WITH

                       WRIT PETITION NO. 7406 OF 2026

Kapil Daulat Awate                                                Petitioner

          versus

The State Of Maharashtra

Thr. Its Secretary Ministry

Ry Of Health and Family Welfare And Ors                       Respondents

                                      AND

                       WRIT PETITION NO. 2741 OF 2026

Sandeep Shankar Bhujbal and Ors                                  Petitioners

          versus

The State Of Maharashtra

Thr. Its Secretary Ministry

Of Health and Family

Welfare And Ors                                               Respondents

                                     WITH



                                Page 8 of 22
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                      WRIT PETITION NO. 9431 OF 2026

Akshya Sunil Taru and Ors                                                Petitioners

          versus

State Of Maharashtra Thr

Its Principal Secretary

and Ors                                                                Respondents

                                         _______
Appearance in WP No. 2651 of 2026 :

Mr Raymond Zaiwala, with Avinash Naikwadi, Swati M, Jadhav, Advocates for

Petitioners in all Writ Petitions.

Mr Ravindra Sonba Pachundkar, Advocate for Respondent No. 5-Z.P. in all Writ

Petitions.

Mr P P Kakade a/w P N Diwan, V G Badgujar, A R Deolekar, V M Mali, S H

Kankal, P M J Deshpande, AGPs for State.

Appearance in WP No. 2741 of 2026 & WP No. 9431 of 2026 :

Mr Bhalchandra S Shinde, Advocate for Petitioners.

Mr Ravindra Sonba Pachundkar, Advocate for Respondent No. 5.

Mr Aditya R Deolokar, AGP a/w Priyanka Chavan, AGP for State.

                                         _______



                             CORAM:           G. S. KULKARNI &
                                              DR. NEELA GOKHALE, JJ.
                             DATE:            25th AUGUST 2026




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JUDGMENT: (Per DR. NEELA GOKHALE, J.)

1.        Rule. Rule made returnable forthwith. With the consent of all the parties,

matters are taken up for final hearing. Since the relief sought in all these petitions is

identical, the petitions are being decided by the present common Judgment and

Order.


2.        By these petitions, the Petitioners seek a direction to Respondent No. 5 –

Zilla Parishad to pay their wages at the minimum of the pay scale (the lowest grade

in the regular pay scale) applicable to regular drivers in the Class III category, and

to pay arrears from the date of joining.


3.        In brief, the facts of the case are that the Petitioners were appointed as

ambulance drivers at various Primary Health Centres in Pune by Respondent No.

5, Zilla Parishad, on a contractual basis. The Petitioners are paid a salary of Rs.

8,000/- to Rs. 11,000/- for a 24-hour duty, and even this salary is paid belatedly.

All the Petitioners rely on a series of decisions of the Supreme Court as well as this

Court upholding the principle of ‘equal pay for equal work’, directing the

Respondents to pay wages to similarly situated employees at the minimum of the

pay scale (at the lowest grade) in the regular pay scales paid to regular employees

discharging similar duties. The courts have held that no artificial parameter can be

invoked to deny the fruits of labour when an employee performs the same work as

another employee and further held that no artificial distinction can be made

between such employees, whereby one is given a higher salary and the other a

lower salary.



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4.        Mr Raymond Zaiwala, learned Counsel, appeared for all the Petitioners in

the group of writ petitions of which the lead petition is WP No. 2651 of 2026 and

Mr Bhalchandra S Shinde, learned counsel, appeared for all the Petitioners in the

group of petitions of which the lead petitions are WP No. 2741 of 2026 & WP No.

9431 of 2026. Mr Ravindra Sonba Pachundkar, Advocate, represented Respondent

No. 5, Zilla Parishad, in all the petitions, and Mr Aditya R Deolokar, learned AGP,

represented the State.


5.        The Petitioners have placed before us the series of decisions of the Supreme

Court as well as this Court answering the issue arising in this batch of petitions;

hence, understandably, none of the Respondents has filed their Affidavits in Reply.

          We now proceed to discuss the series of judgments relied upon by the

Petitioners dealing with the issue at hand.


6.        In State of Punjab & Ors. vs Jagjit Singh & Ors. 1 , the Supreme Court

dealt with an issue concerning employees engaged on a regular basis who claimed

higher wages under the principle of “equal pay for equal work”. The claim was

premised on the ground that the duties and responsibilities they performed were

the same as those of the same post for which a higher pay scale was allowed in

other government departments. Alternatively, their duties and responsibilities were

the same as those of other posts with different designations, but they were placed in

a lower pay scale. Having painstakingly considered the parameters laid down by it

in its earlier decisions referred to in the said judgment, wherein the principle of

"equal pay for equal work" was invoked and considered, the Court delineated the

1(2017) 1 SCC 148


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relevant parameters in this regard. In recording these parameters, the Court also

adverted to other judgments pertaining to temporary employees (also dealt with in

the said judgment), in which the Supreme Court had occasion to express the legal

position with reference to the principle of ‘equal pay for equal work’. The Supreme

Court in Jagjit Singh (supra at pg. 13) recorded its deductions as under: -

          “58. In our considered view, it is fallacious to determine artificial
          parameters to deny fruits of labour. An employee engaged for the same
          work cannot be paid less than another, who performs the same duties and
          responsibilities. Certainly not, in a welfare state. Such an action, besides
          being demeaning, strikes at the very foundation of human dignity. Anyone
          who is compelled to work at a lesser wage does not do so voluntarily. He
          does so to provide food and shelter to his family, at the cost of his self-
          respect and dignity, at the cost of his self-worth, and at the cost of his
          integrity. For he knows that his dependents would suffer immensely if he
          does not accept the lesser wage. Any act of paying less wages, as compared
          to others similarly situate, constitutes an act of exploitative enslavement,
          emerging out of a domineering position. Undoubtedly, the action is
          oppressive, suppressive and coercive, as it compels involuntary subjugation.”


7.        A Division Bench of this Court (Nagpur Bench), in the matter of Dhiraj

S/o Sudhakarrao Wankhede & Ors. Vs Zilla Parishad, Chandrapur & Ors. 2,

while dealing with an identical case of ambulance drivers appointed on a

contractual basis seeking parity of pay with regular ambulance drivers, considering

the decision of the Supreme Court in Jagjit Singh (supra at pg. 13), directed the

Respondents therein to pay wages to contractual ambulance drivers equivalent to

the minimum pay scale (at the lowest pay grade in the regular pay scale) applicable

to regular drivers.
22019 SCC OnLine Bom13080


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8.        The Respondents assailed this Court's decision in the case of Dhiraj

Wankhede (supra at pg. 14) before the Supreme Court by filing SLP (Civil) Diary

No. 12195/2020. By an order dated 22 nd February 2021, the Supreme Court

dismissed the said SLP.


9.        Thereafter, this Court, once again in a clutch of writ petitions led by WP (St)

No. 92250/2020, in the matter of Nagendrayya P. Hiremath vs State of

Maharashtra & Ors.3, decided on 8th December 2020, reiterated the principles

laid down by the Supreme Court in Jagjit Singh (supra at pg. 13) and by this Court

in Dhiraj Wankhede (supra at pg. 14) and directed the contractual “ambulance

drivers” to be paid wages equivalent to the minimum pay scale (at the lowest pay

grade in the regular pay scale) applicable to regular drivers.

10.       The decision in Nagendrayya Hiremath (supra at pg. 15) was followed by

another decision of this Court in the matter of Rajendra Kamble vs State of

Maharashtra4,wherein the Court passed similar directions to the Respondents. The

Judgment and Order in Nagendrayya Hiremath and others (supra at pg. 15) was

challenged by the Chief Executive Officer, Zilla Parishad, Solapur, before the

Supreme Court in an SLP (C) No. 8395/2021 titled The Chief Executive Officer,

Zilla Parishad, Solapur vs Ashok Dhondiba Meher 5 (one of the Petitioners in

the Hiremath case). The Supreme Court, in Paragraphs 10 and 11 of its decision

dated 23rd March 2022, dismissed the SLP and held as under:

              “10. In the above circumstances, it is noticed that in the present facts the
32020 SCC OnLine 6920
4Writ Petition No. 2012 of 2021, decided on 1 July 2021
                                            st


52022 SCC OnLine SC 1354


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              only relief granted by the High Court to the private Respondents herein is
              to be paid the wages at the minimum of the pay-scale at the lowest grade,
              the regular pay-scale extended to the regular employees holding the said
              post. The said benefit ordered to be extended is in tune with the
              observations of this Court in Jagjit Singh (supra). Further, in the instant
              facts, what cannot be overlooked is also that the private Respondents
              thought employed through the contractors are discharging the onerous
              duties of driving the ambulance, which is operated to provide the benefit
              of public health to the citizens in the PHC’s under the Zilla Parishad,
              which in turn is for discharging the obligations of the State. Therefore, in
              such circumstances, the minimum relief that has been granted by the
              High Court would not call for interference. We at this juncture also take
              note of the fact that the judgment dated 20.11.2019 passed by the
              coordinate bench of the High Court in Dhiraj Wankhede (supra), relied
              upon by the High Court in the instant case, had been assailed before this
              Court in a Special Leave Petition (Civil) bearing Diary No. 12195/2020.
              However, the Special Leave Petition came to be dismissed by this Court
              on 22.02.2021.

              11. Accordingly, the above petitions, being devoid of merit, stand
              dismissed.”


11.       Thereafter, the Aurangabad bench of this Court was also faced with
another set of petitions involving an identical issue in the matter of Navnath
Bhaskar Dive & Anr. vs The State of Maharashtra through its Secretary &
Ors.6, along with 122 petitions, including several contempt petitions. The
Division Bench, referring to all the previous decisions of the Supreme Court
and this Court, directed payment to the contractual ambulance drivers at par
with the regular drivers and issued several directions as under: -


              “20. In view of the above, the Agency, meaning the Zilla Parishad or the
              Contractor, will have to make the assessment of the arrears of such
              payments from the dates of filing of the Writ Petitions, and accordingly,

6Writ Petition No. 1913 of 2024 decided on 30.08.2024


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          make such payments to these Ambulance Drivers, if not lump-sum, at
          least in a staggered manner viz. in twelve equal monthly instalments.

          21. In view of the above, all these Writ Petitions are partly allowed,
          with the following directions: -

          (a) The service conditions applicable to these Petitioners would be
          maintained as long as the scheme lasts.
          (b) The contractual employees shall not be replaced by new contractual
          employees, either by the Contractor or by the Principal Employer. These
          directions not to be replaced with another contractual employee would
          be restricted only to the contractual working Drivers, and in the event of
          any misconduct/misdemeanour/death of the employee or any such
          reasons, the Principal Employer/the Contractor would be at liberty to
          seek services of new Ambulance Drivers. If there are certain contractual
          Ambulance Drivers who have earlier worked and are not engaged as on
          date, preference may be granted to them, if any replacement is to be
          effected.
          (c) Considering the grave and serious complaints about Contractors not
          paying the wages to these Petitioners on the principle laid down by the
          Hon’ble Supreme Court in Ashok Dhondiba Meher (supra), we deem
          it appropriate to direct the Principal Employer to directly make the
          payments of these contractual Ambulance Drivers, vide Bank
          transactions in their salary bank Account. Such payment shall not be a
          ground for alleging that the contract is sham and bogus, and no
          employer/employee relationship should be deemed to be established
          between such Ambulance Drivers vis-à-vis the Zilla Parishad or the
          Principal Employer.
          (d) If any of the contractual Ambulance Drivers have been terminated
          or disengaged, they are at liberty to raise an industrial dispute under the
          provisions of the Industrial Disputes Act, 1947 and carry a reference to
          the Industrial Tribunal/labour Court, as the case may be, in the light of
          the law laid down in Vividh Kamgar Sabha vs Kalyani Steels Ltd. And
          Anr., [2001 (2) SCC 381]; Cipla Ltd. Vs Maharashtra General Kamgar
          Union and Ors., [2001 (3) SCC 101] and the judgment of the Hon’ble


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             Supreme Court (5 Judge Bench) in Steel Authority of India Ltd. And
             Others Vs National Union Waterfront Workers and Others, dated
             30/08/2001, reported in [AIR 2001 SC 3527].
             (e) The conclusions of this Court in Dhiraj Sudhakarrao Wankhede
             (supra), which have been sustained by the Hon’ble Supreme Court,
             would not come in the way of the State Government in framing a scheme
             in view of the judgment of the Hon’ble Supreme Court in Secretary,
             State of Karnataka vs Umadevi (supra), if so desired by the State
             Government.
             (f) Since we have directed the Zilla Parishads or the State Government
             or the Rugna Kalyan Samiti (Medical Board), as the case may be, to
             directly pay the salaries to these contractual employees, it would be
             within the domain of the Principal Employer to adjust these amounts as
             against the bills of the Contractors and also by adjusting the service
             charges.”


12.       Recently, the Supreme Court in The State of Maharashtra through
its Secretary & Others vs Kamlesh Dhakal Thakhne and Ors 7, upheld the
decision of this Court, wherein this Court had issued similar directions to the
State to pay the contractual “ambulance drivers”, equivalent to the minimum
pay scale (at the lowest pay grade in the regular pay scale) applicable to
regular drivers. The Supreme Court, in Paragraph 2 of the said decision,
simply dismissed the challenge to the High Court’s Judgment and Order by
saying the following:


             “2.     Since, the issue has already been settled, the order passed and the
             directions issued by the High Court in paragraph 21 of the impugned
             order is affirmed and all the Civil Appeals/petitions are, accordingly,
             disposed of.”
13.       The main conclusion from the above discussion is clear: the issue of

determining the wages for ambulance drivers—specifically, paying them the

7Civil Appeal No. 7288/2025., decided on 17 August 2026
                                         th




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minimum pay scale applicable to regular ambulance drivers at the lowest pay grade

—is well established on the principle of ‘equal wages for equal work’. This principle

has roots in the early concept of justice. The Respondents are likely aware of this

principle but may pretend ignorance. Nevertheless, numerous decisions by this

court and the Supreme Court have addressed the payment of wages to contractual

ambulance drivers, with the same Respondents opposing in all those cases.

Therefore, the Respondents cannot claim ignorance of these legal rulings. Despite

knowing the legal position and their responsibilities, their continued refusal to pay

wages as directed by this Court and the Supreme Court, based on earlier

judgments, is unjustifiable. Their reasons for abstaining from acting in accordance

with established law appear to be either a gross administrative sclerosis or an

intended merely to harass the contractual drivers. Individuals not petitioning the

Court are discriminated against those who have litigated. This is an area where

discrimination has reared its ugly head. These persons come from the lowest grade

of service. They can ill afford to rush to court. They are not represented by

federations or societies and, as such, have hardly any assistance. They need to settle

responses individually and rush to court, which, in some cases, may be beyond

their reach. Therefore, some of them failed to knock at the doors of the court of

justice. In such a situation, even without crystal gazing, the choice is between

incurring litigation expenses with an uncertain outcome and suffering

discrimination or remaining underpaid day to day. It is a Hobson's choice.

Therefore, those who could not come to the court need not be at a comparative

disadvantage to those who rushed in here. If they are otherwise similarly situated,



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they are entitled to similar treatment, if not by anyone else’s hands, but at the

hands of this Court. This is exactly the view of the Supreme Court in Inderpal

Yadav v. Union of India 8, wherein the Court held that the State should not

compel citizens to litigate individually for identical relief.

14.       Furthermore, in its decision in the matter of Lt. Col Suprita Chandel vs

Union of India & Ors.9, the Supreme Court, while granting relief to a woman

army officer by directing the grant of a permanent commission even though she

had not pursued litigation, reiterated that individuals are not required to litigate

separately for the same relief obtained by other similarly situated individuals

against the action of the government department. The relief granted to similarly

situated individuals would be automatically extended to individuals who have not

litigated their cases. In this regard, the Court observed as under: -

                    “14. It is a well settled principle of law that where a citizen
           aggrieved by an action of the government department has approached
           the court and obtained a declaration of law in his/her favour, others
           similarly situated ought to be extended the benefit without the need for
           them to go to court. [See Amrit Lal Berry vs. Collector of Central Excise,
           New Delhi and Others, (1975) 4 SCC 714]
                    15. In K.I. Shephard and Others v. Union of India (1987) 4 SCC
           431, this Court, while reinforcing the above principle, held as under: -
                           “19. The writ petitions and the appeals must succeed. We
                    set aside the impugned judgments of the Single Judge and Division
                    Bench of the Kerala High Court and direct that each of the three
                    transferee banks should take over the excluded employees on the
                    same terms and conditions of employment under the respective
                    banking companies prior to amalgamation. The employees would
81985 SCC (2) 648
92024 INSC 942


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               be entitled to the benefit of continuity of service for all purposes
               including salary and perks throughout the period. We leave it open
               to the transferee banks to take such action as they consider proper
               against these employees in accordance with law. Some of the
               excluded employees have not come to court. There is no
               justification to penalise them for not having litigated. They too
               shall be entitled to the same benefits as the petitioners. ….”
                                                               (Emphasis Supplied)
               16. No doubt, in exceptional cases where the court has expressly
          prohibited the extension of the benefit to those who have not
          approached the court till then or in cases where a grievance in personam
          is redressed, the matter may acquire a different dimension, and the
          department may be justified in denying the relief to an individual who
          claims the extension of the benefit of the said judgment.
               17. That is not the situation here. In the submissions too, the
          respondents have not been able to point out any valid justification as to
          how the applicants who obtained the benefit from the AFT, Principal
          Bench in OA No. 111 of 2013 and batch are not identically situated with
          the appellant. Like the applicants who succeeded, the appellant was also
          ripe for the third chance before the amended para 4(a) of AI No. 37 of
          1978 was introduced on 20.03.2013. The Principal Bench of the AFT, in
          OA No. 111 of 2013, after clearly holding that the applicants therein
          were denied the third chance, directed consideration of their cases for
          permanent absorption by granting one-time age relaxation by
          considering them 12 under the unamended policy.
               18. The respondent authorities on their own should have extended
          the benefit of the judgment of AFT, Principal Bench in OA No.111 of
          2013 and batch to the appellant. To illustrate, take the case of the valiant
          Indian soldiers bravely guarding the frontiers at Siachen or in other
          difficult terrain. Thoughts on conditions of service and job perquisites
          will be last in their mind. Will it be fair to tell them that they will not be
          given relief even if they are similarly situated, since the judgment they
          seek to rely on, was passed in the case of certain applicants alone who



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           moved the court? We think that would be a very unfair scenario.
           Accepting the stand of the respondents in this case would result in this
           Court putting its imprimatur on an unreasonable stand adopted by the
           authorities.
                 19. The stand of the Department relying on the judgment of this
           Court in State of Maharashtra and Another vs. Chandrakant Anant
           Kulkarni and Others, (1981) 4 SCC 130 to contend that mere reduction
           in chance of consideration did not result in deprivation of any right does
           not appeal to us. The appellant’s case is founded on the principle of
           discrimination. What is sauce for the goose ought to be sauce for the
           gander. If the applicants in O.A. No. 111 of 2013, whom we find are
           identically situated to the appellant, were found to be eligible to be given
           a third chance for promotion, because they acquired eligibility before the
           amendment to AI No. 37 of 1978 on 20.03.2013, we find no reason why
           the appellant should not be treated alike.”


15.       Finally, having regard to the Respondent's repeated insistence on
compelling ambulance drivers to approach the courts to seek parity in wages,
especially in view of the fact that the issue is settled by a long line of court
decisions, we reiterate the direction of this Court in Paragraph 12 of the decision in
Dhiraj Wankhede (supra at pg. 14) as under: -


           “12. ….. we also make it clear that these benefits shall be extendable to all
           other similarly situated contractual drivers who are not party to this
           petition”


16.       The Respondents' blatant disregard for this Court's earlier directives and the

numerous judicial rulings clearly establishing the law on this matter has resulted in

multiple unnecessary legal battles involving contractual ambulance drivers

demanding equal wages. Some drivers have yet to receive overdue wages. Although

previous rulings mandated the Respondents to pay these drivers wages at least



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equal to the minimum pay scale for regular drivers from the date of filing their

petitions, we now instruct the Respondents to pay the Petitioners the same wages

w.e.f. from 22nd February 2021, the date when the Supreme Court upheld the

Dhiraj Wankhede judgment (supra at pg. 14).



17.       Thus, weighing all these relevant considerations and keeping in view all the

aspects of the matter, we pass the following order: -


                                         ORDER

      i. The Respondents are directed to pay the Petitioners’ wages at the minimum

          of the applicable pay scale (the lowest grade in the regular pay scale) for

          regular ambulance drivers.

      ii. The arrears of wages shall be paid from 22 nd February 2021, i.e., the date on

          which the Supreme Court upheld the decision of this Court in the matter of

          Dhiraj S/o Sudhakarrao Wankhede and others vs The Zilla Parishad,

          Chandrapur, through its Chief Executive Officer or from the date of

          joining, whichever is later.

      iii. The arrears shall be paid within 3 months of the date of this Order.

      iv. There will be no costs.

18.       We hope that we are not called upon to adjudicate future cases involving

identical issues involved in the present matter relating to quantum of wages

payable to contractual ambulance drivers, as we expect the Respondents to uphold

the established legal position and avoid forcing these individuals to seek court relief

against the Respondents themselves.

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 19.         The rule is accordingly made absolute.


 20.         The Secretary, Ministry of Health and Family Welfare of the State of

 Maharashtra and the Secretary, Department of Rural Development shall circulate a

 copy of the present Judgment and Order to the Chief Executive Officers of all the

 Zilla Parishads in the State of Maharashtra, with instructions to adhere to the

 settled position of law relating to the issue involved in the present matter.


 21.         No costs.




 (DR. NEELA GOKHALE, J)                                    (G. S. KULKARNI, J.)




SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH
SHIVGAN
Date: 2026.09.02
12:49:17 +0530




                                      Page 22 of 22
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