ORDER :

Sushil M. Ghodeswar, J.

1. Heard the learned advocates for the respective parties.

2. Since all these petitions raise a common grievance, therefore, they are being decided by this common order.

3. For the sake of brevity and for proper appreciation of submissions of the parties, the facts from Writ Petition No.2087/2016, are taken into consideration in this order.

CONTENTIONS OF THE PETITIONERS

4. The petitioners are the employees of the institutions/ child homes/ Bal-Gruhas run by un-aided voluntary organizations/ Non-Government Organizations (hereinafter referred to as ‘NGO’) established under the Societies Registration Act and the Maharashtra Public Trusts Act. The petitioners are working on different posts like Superintendent, Assistant Superintendent, Counselor, Junior Clerk, Caretaker, Cook etc. in the Bal-Gruhas (child homes) run by these un-aided NGOs. The staffing pattern and pay scale of these employees has been prescribed vide Government Resolution dated 29.07.2006. Since these NGOs are not being provided salary grants by the State Government, the petitioners, therefore, through these petitions, are praying for issuance of directions to the respondent Government Authorities to bring their service conditions at par with those of the State Government employees and to sanction and release salary grants in their favour from the date of their appointments.

5. It is the case of the petitioners that Section 34 of The Juvenile Justice (Care and Protection of Children) Act, 2000 (old Act) provides that the State Government may establish and maintain either by itself or in association with voluntary organizations, children's homes, for the reception of child in need of care and protection. In such children’s homes, activities like the child’s care, treatment, education, training, development and rehabilitation are to be undertaken strictly as per the statute. Vide Sub-section (2) of Section 34 of the old Act, it is prescribed that the State Government may provide for the management of children's homes including the standards and the nature of services to be provided by them, and the circumstances and the manner in which, the certification of children's home or recognition to a voluntary organisation may be granted or withdrawn.

6. According to the petitioners, subsequently, the old Act came to be replaced by another enactment, namely, The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016) (the new Act), wherein, provisions of section 34 of the old Act have been incorporated in Section 50 of the new Act with minor changes. Thus, it is to be seen that the children’s homes established by such voluntary non-governmental organizations has to be registered and these children’s homes are required to take care of children in need and provide treatment, education, training, development and rehabilitation. The State Government may provide rules for monitoring and management of such children’s homes.

7. It is the case of the petitioners that under the Women and Child Development Department of the State of Maharashtra, child care resident centers like Balak Ashram, Bal Sadan and Anathalaya were being run for orphans, destitute, physically and mentally challenged as well as HIV disease affected children. Further, the State Government issued Government Resolution dated 22.12.2006, wherein, the provision came to be made for grant in aid for each child admitted in balgruhas towards his day to day needs. Again, on 30.03.2007, another Government Resolution came to be issued recognizing balakadhram, balsadan and anathlaya as Balgruhas under the old Act of 2000. According to the petitioners, vide another Government Resolution dated 29.07.2006, the State Government has also provided the staffing pattern and pay scale for each post on such Balgruhas.

8. According to the petitioners, this is not the first occasion for such appointees working in Child Homes of Un- aided NGOs to approach this court. But, earlier the Princi