Case Note & Summary
The petitioners, drivers appointed on daily wages in the Health Department of Zilla Parishad, Latur, filed writ petitions seeking regularization of service and minimum pay scale. They had worked for more than 240 days continuously and the work was of perennial nature. The court held that denial of minimum pay scale violates Articles 14 and 16 of the Constitution. The court directed the respondents to regularize the services of the petitioners and pay them minimum pay scale in the regular pay band from the date of filing of the petition. The court relied on the principle of equal pay for equal work and the Government Resolution dated 30.04.1998.
Headnote
A) Service Law - Regularization - Daily Wage Employees - Drivers appointed on daily wages in the Health Department of Zilla Parishad are entitled to regularization of service and minimum pay scale in the regular pay band, as they have worked for more than 240 days continuously and the work is of perennial nature. The court held that denial of minimum pay scale amounts to violation of Articles 14 and 16 of the Constitution. (Paras 1-10) B) Service Law - Equal Pay for Equal Work - Daily Wage Drivers - The principle of equal pay for equal work applies to daily wage drivers performing the same duties as regular drivers. The court directed the respondents to pay the petitioners minimum pay scale in the regular pay band from the date of filing of the petition. (Paras 5-10) C) Service Law - Regularization - Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 - The court held that the petitioners are entitled to regularization of service in terms of the Government Resolution dated 30.04.1998 and the scheme framed by the State Government for regularization of daily wage employees. (Paras 6-8)
Issue of Consideration
Whether drivers appointed on daily wages in the Health Department of Zilla Parishad are entitled to regularization of service and minimum pay scale in the regular pay band.
Final Decision
The court allowed the writ petitions and directed the respondents to regularize the services of the petitioners and pay them minimum pay scale in the regular pay band from the date of filing of the petition.
Law Points
- Regularization of service
- Minimum pay scale
- Equal pay for equal work
- Article 14
- Article 16
- Maharashtra Zilla Parishad and Panchayat Samitis Act
- 1961
- Maharashtra Civil Services (Regulation of Pay) Rules
- 1982
