Bombay High Court
Employment and Labour LawAdministrative and Public Law

Contractual ambulance drivers are entitled to the minimum regular pay scale for equal work.

Vasant Nagnath Adwal vs The State Of Maharahtra Thr Its Secretary Ministry Of Health And Family And Ors

Bombay High CourtJUDGMENT: August 25, 20264 MIN READSOURCE JUDGMENT
Contractual ambulance drivers are entitled to the minimum regular pay scale for equal work.. Vasant Nagnath Adwal vs The State Of Maharahtra Thr Its Secretary Ministry Of Health And Family And Ors. Bombay High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were engaged by the concerned Zilla Parishad as contractual ambulance drivers at various Primary Health Centres in Pune.

Source reference: p.10, para. 3

They performed ambulance-driving duties for public-health services, including 24-hour duty, but were paid approximately ₹8,000 to ₹11,000 per month and allegedly received their wages belatedly.

Source reference: p.10, para. 3

Relying on the principle of “equal pay for equal work” and a series of decisions concerning contractual ambulance drivers, the petitioners sought payment at the minimum of the applicable regular pay scale for Class III drivers, together with arrears from the date of joining.

Source reference: p.10, paras. 2–3

Since the legal issue was common across all petitions, the High Court heard and decided them by a common judgment; the respondents did not file affidavits in reply.

Source reference: p.10, paras. 1, 5
02

Issues

Whether contractual ambulance drivers performing duties substantially similar to those of regular ambulance drivers are entitled to wages at the minimum of the applicable regular pay scale under the principle of “equal pay for equal work”.

Source reference: p.10, paras. 2–3; pp.11–16, paras. 6–13

Whether the benefit of judicial decisions granting such wage parity should be extended to similarly situated contractual ambulance drivers who have not individually approached the Court.

Source reference: pp.17–20, paras. 13–15

From what date should the petitioners receive arrears of wages, and what consequential directions should be issued to the respondents?

Source reference: pp.20–21, paras. 16–17
03

Law Applied

The Court applied the constitutional and administrative-law principle of “equal pay for equal work,” as authoritatively explained in State of Punjab v. Jagjit Singh, (2017) 1 SCC 148, under which temporary or contractual employees performing the same duties and bearing the same responsibilities cannot be denied the minimum of the regular pay scale by artificial distinctions.

Source reference: pp.11–12, paras. 6–7

It followed Dhiraj S/o Sudhakarrao Wankhede v. Zilla Parishad, Chandrapur, 2019 SCC OnLine Bom 13080, which directed minimum regular-scale wages for contractual ambulance drivers; the Supreme Court dismissed the challenge to that decision on 22 February 2021.

Source reference: p.12, para. 8

The Court also relied on Nagendrayya P. Hiremath v. State of Maharashtra, 2020 SCC OnLine Bom 6920, Rajendra Kamble v. State of Maharashtra, W.P. No. 2012 of 2021, decided on 1 July 2021, and Chief Executive Officer, Zilla Parishad, Solapur v. Ashok Dhondiba Meher, 2022 SCC OnLine SC 1354, in which the Supreme Court upheld minimum regular-scale wages for contractual ambulance drivers performing public-health duties.

Source reference: pp.12–13, paras. 9–10

The Court further relied on Navnath Bhaskar Dive v. State of Maharashtra, W.P. No. 1913 of 2024, decided on 30 August 2024, and State of Maharashtra v. Kamlesh Dhakal Thakhne, Civil Appeal No. 7288 of 2025, decided on 17 August 2026, affirming similar directions.

Source reference: pp.14–16, paras. 11–12

Finally, applying Inderpal Yadav v. Union of India, 1985 SCC (2) 648, and Lt. Col. Suprita Chandel v. Union of India, 2024 INSC 942, the Court held that similarly situated persons should receive the benefit of an established legal ruling without being compelled to institute separate proceedings.

Source reference: pp.17–20, paras. 13–15
04

Reasoning

The Court found that the petitioners were performing the onerous and socially essential function of driving ambulances for Primary Health Centres under the Zilla Parishad, a function directly connected with the State’s public-health obligations.

Source reference: p.13, para. 10

In view of the settled authorities specifically concerning contractual ambulance drivers, the respondents could not rely on the petitioners’ contractual status or other artificial distinctions to pay them less than the minimum applicable to regular drivers.

Source reference: pp.11–16, paras. 6–13

The repeated failure to extend the established benefit to all similarly situated drivers was considered discriminatory, particularly because economically vulnerable contractual workers should not be forced to litigate individually for an already settled entitlement.

Source reference: pp.16–20, paras. 13–16

The Court therefore extended the benefit uniformly and fixed the arrears date by reference to 22 February 2021, when the Supreme Court dismissed the challenge to Dhiraj Wankhede, or the later date of joining, whichever was applicable.

Source reference: p.20, paras. 16–17
05

Holding

The petitions were allowed and the rule was made absolute.

The respondents were directed to pay the petitioners wages at the minimum of the applicable regular pay scale for ambulance drivers.

Source reference: p.21, para. 17(i)

Arrears were directed to be calculated and paid from 22 February 2021, or from the date of the concerned petitioner’s joining, whichever was later.

Source reference: p.21, para. 17(ii)

The arrears were to be paid within three months from the date of the judgment.

Source reference: p.21, para. 17(iii)

The Secretaries of the Departments of Health and Family Welfare and Rural Development were directed to circulate the judgment to all Chief Executive Officers of Zilla Parishads in Maharashtra and instruct them to comply with the settled legal position.

Source reference: p.22, para. 20

No order as to costs was made.

Source reference: pp.21–22, paras. 17(iv), 21
Bombay High Court

Original Court PDF

Vasant Nagnath AdwalvsThe State Of Maharahtra Thr Its Secretary Ministry Of Health And Family And Ors

Bombay High Court · August 25, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment