Mumbai, Feb 03: The Bombay High Court has directed the Maharashtra government to take a time-bound decision on a five-day week for drivers who ferry VIPs and VVIPs, after noting that the issue had been discussed at the highest administrative level but left unresolved for over two years.
Court sets three-month deadline
A bench of Justices Bharati Dangre and Manjusha Deshpande, on January 28, asked the State to decide within three months whether drivers employed with the Government Transport Service (GTS), Worli, and assigned protocol duties are entitled to the benefit of a five-day work week.
Who are the petitioners
The petitioners are permanent state government employees entrusted with transporting “state guests”, including constitutional functionaries and senior Central government officials visiting Maharashtra. They contended that despite the nature of their duties, they have been excluded from the five-day work week policy without any legal basis.
Background of five-day work week policy
In February 2020, the State issued a Government Resolution (GR) introducing a five-day work week for government servants, while excluding offices governed by industrial laws and establishments providing essential services such as police, fire brigade and sanitation workers. The drivers argued that protocol transport services were not specifically excluded under the GR.
Contested circular by GTS
However, a subsequent circular dated September 4, 2020, issued by the Controller of GTS, clarified that employees of the Transport Department assigned protocol duties would not be extended the benefit of the five-day work week.
Petitioners cite delay despite high-level meeting
The petitioners’ advocate submitted that the circular could not override the parent GR. He pointed out that the issue was discussed in a meeting chaired by the Chief Secretary on July 19, 2022, where officials were directed to assess the financial implications of extending the policy. “Despite this, no decision has been taken till date,” the plea stated.
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HC calls for conscious decision
The bench observed that the grievance had received “due consideration” during the 2022 meeting and that a clear course of action had been charted.
“We direct the State of Maharashtra through the Chief Secretary to take a conscious decision upon the request of the petitioners,” the court said, adding that financial implications and the nature of protocol and emergency services must be considered.
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