Court directs Maharashtra to ensure equitable pay for NGO employees in children's homes, aligning with state-run facilities
In a landmark judgment, the Bombay High Court's Aurangabad Bench has directed the State of Maharashtra to frame a policy within six months to provide salary grants to employees of children's homes run by non-governmental organizations (NGOs), aligning their compensation with that of state government employees. This decision comes in response to a series of writ petitions filed by Yuvraj and others, challenging the disparity in pay scales between employees of NGO-run children's homes and their counterparts in state-run facilities.
The judgment, delivered by Justices Kishore C. Sant and Sushil M. Ghodeswar, underscores the critical role of well-trained and adequately compensated staff in fulfilling the objectives of the Juvenile Justice (Care and Protection of Children) Act, 2015. The court emphasized that the directive principles of state policy, particularly Article 39(f) of the Constitution, impose an obligation on the state to ensure the healthy development of children in conditions of freedom and dignity.
Addressing the grievance of the petitioners—employees working in various capacities such as superintendents, counselors, and caretakers in children's homes—the court highlighted the necessity for the state to support NGOs financially. The judgment noted that while NGOs voluntarily registered to run these homes, the burden of securing funds for salaries should not undermine their ability to provide quality care and protection to children.
The state government, in its defense, argued that the appointment of staff by NGOs was independent of government involvement, thus negating the responsibility to provide salary grants. However, the court dismissed these arguments, pointing out the state's constitutional obligations and past judicial directives emphasizing equal pay for equal work.
In its ruling, the court referred to previous cases, including the pivotal judgments in Malan Karale v. Ms. Aloo Chibber and Sampurna Behura v. Union of India, which reinforced the state's duty to ensure that children's homes, whether state-run or managed by NGOs, are adequately staffed and funded to provide comprehensive care.
The judgment further criticized the state's reluctance to comply with prior directives and urged the government to prioritize the welfare of children in need of care and protection. By failing to extend financial aid to NGO-run homes, the state risks undermining the societal interest and the very purpose of the Juvenile Justice Act.
Justice Ghodeswar, quoting Nelson Mandela, highlighted the societal imperative to provide a safe and nurturing environment for children, who are the nation's future. The court's decision is a call to action for the Maharashtra government to allocate resources efficiently and equitably, ensuring that all children's homes, regardless of their administrative affiliation, meet the standards prescribed by law.
Bottom line:-
Juvenile Justice Act, 2015 - Employees of children's homes run by NGOs are entitled to salary grants at par with State Government employees for effective implementation of the Act's objectives to ensure care, protection, and development of children.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Sections 50, 53; Constitution of India, 1950 Articles 14, 21, 39(f)
Yuvraj v. State of Maharashtra, (Bombay)(DB)(Aurangabad Bench) : Law Finder Doc id # 2894911
