WRIT PETITION 5317/2010 on 19 April 1995

WP(C) 5317/2010BEFOREHON’BLE MR. JUSTICE UJJAL BHUYANHeard Mr. K. Uddin, learned counsel for the petitioner and Mr. J. Laskar, learned Govt. Advocate, Assam.By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to pay his salary for the periodfrom 19.04.1995 to May, 2005.Case of the petitioner is that he was appointed as Peon by the then Director of Rural Development, Assam, vide order, dated 02.09.1986, and posted in South Karimganj Development Block. Pursuant thereto, petitioner joined in the South Karimganj Development Block on 11.09.1986 and continued in that post for more than five years. Thereafter, by order, dated 23.08.1991, issued by the Project Director,District Rural Development Agency (DRDA), Karimganj, petitioner was transferredto and posted at Badarpur Development Block. In terms of the aforesaid order, petitioner was released from South Karimganj Development Block on 31.08.1991 to enable him to join in his new place of posting at Badarpur Development Block whereafter petitioner joined in the Badarpur Development Block.Petitioner was again transferred to Ramkrishna Nagar Development Block vide order, dated 31.03.1992, and thereafter, vide order, dated 23.08.1995, issued by theProject Director, DRDA, Karimganj, petitioner was once again transferred back to Badarpur Development Block, following which he joined in Badarpur Development Block on 19.04.1995.

Petitioner’s problems started in the year 1995 when he was transferred from Ramkrishna Nagar Development Block to Badarpur Development Block. As his last pay certificate and other documents were not forwarded by the Block Development Officer, Ramkrishna Nagar Development Block, to the Block Development Officer, Badarpur Development Block, on his transfer, petitioner was not paid salary in BadarpurDevelopment Block. In this connection, Senior Block Development Officer, Badarpur Development Block, wrote to the Senior Block Development Officer, Ramkrishna Nagar Development Block, on 19.05.1997 requesting him to forward the service book, last pay certificate and leave account of the petitioner immediately.From the documents placed on record, it is seen that Senior Block Development Officer, Ramkrishna Nagar Development Block, forwarded the last pay certificate ofthe petitioner to the Senior Block Development Officer, Badarpur Development Block, vide the forwarding letter, dated 28.10.1997. It may be pointed out that petitioner was transferred back to Badarpur Development Block on 28.03.1995 and the last pay certificate of Ramkrishna Nagar Development Block was forwarded to the Badarpur Development Block only on 28.10.1997, i.e., after more than 2 ‰ years.

It is stated that since 19.04.1995, when the petitioner joined Badarpur Development Block on his transfer from Ramkrishna Nagar Development Block, he was not paid salary. Repeated requests made by the petitioner failed to elicit any response. Representation submitted also did not yield any positive result. Initially petitioner was not paid salary on the ground that his last pay certificate was notforwarded from the Ramkrishna Nagar Development Block. But even after the same was forwarded on 28.10.1997, his salary was still not paid.While the petitioner did not receive his salary, he was again transferred from Badarpur Development Block and posted at Ramkrishna Nagar Development Block vide order, dated 03.08.1998, issued by the Director of Panchayat and Rural Development, Assam.

Petitioner again submitted a representation, dated 01.05.2005, to the Project Director, DRDA, Karimganj, stating that because of non-receipt of salary, he alongwith his family members were facing starvation. This was followed by another representation, dated 25.11.2008, addressed to the Director of Panchayat and RuralDevelopment. Yet salary of the petitioner was not paid.

According to the petitioner, he had performed duties from 19.04.1995 to May, 2005, without salary. After that it became impossible for the petitioner to discharge any duty without salary and, therefore, he was unable to perform his duties as Peon without salary after May, 2005. However, on 25.11.2008, he had gone to th e office of the Senior Block Development Officer, Ramkrishna Nagar Development Block, but he was not allowed to resume his duties. It is in the above context, that the present writ petition has been filed seeking the relief as indicated above.

This case was admitted for hearing on 24.09.2010. Case file does not indicate that affidavit has been filed by the respondents. Thus the averments made in the writ petition have remained uncontroverted. Accordingly, these averments are taken as correct and the Court would proceed accordingly.Facts as narrated above reflect a pathetic state of affairs and the inhuman manner in which a grade-IV employee was treated and continues to be so treated. Firstly, he was transferred from one place to another and thereafter, he was not paid his salary from 19.04.1995 by taking the plea that his last pay certificate was not released by the last employer. At that stage, petitioner was transferred from Ramkrishna Nagar Development Block to Badarpur Development Block. He had no authority to ensure forwarding of his last pay certificate from Ramkrishna Nagar Development Block to Badarpur Development Block. When the petitioner was transferred, it was the duty of the authority to have forwarded all the relevant papers connected with the service of the petitioner to the next place of posting. Documents on record indicates that last pay certificate of the petitioner was forwarded by the Senior Block Development Officer, Ramkrishna Nagar Development Block, to the Senior Block Development Officer, Badarpur Development Block, on 28.10.1997 i.e., more than 2‰ years after his transfer and taking the plea of non-availability of the last pay certificate, his salary was not paid. By the time the last pay certificate was forwarded, the petitioner was again transferred.Because of the inhuman manner in which the petitioner was treated, he could not continue his job beyond May, 2005. Instead of appreciating the hardship faced by the petitioner, authorities in the DRDA, Karimganj, only added to the agony of the petitioner by not allowing him to resume duty.Sufferings that an employee and his family members undergo for non-receipt of salary for months and years together can be felt only by such employees and their hapless family members. A grade IV employee with his meager salary has not only to feed himself but also has to look after the needs of his family, which includes expenses for food, housing, educational expenditure of the children, expensesfor medicine etc. It is unthinkable as to how the family can survive such an ordeal. The officers and the other authorities, it appears, are totally immune to the sufferings of such low grade employees. On top of that, for five long years,when this case is pending before this Court, respondents have not deemed it fitand proper to file an affidavit. This only reflects the totally callous attitude of the respondents and the complete lack of empathy.It is the legal and constitutional right of the petitioner to be paid his salary

for the services rendered by him. Denial of salary to the petitioner is clearlyin violation of Articles 14, 21 and 23 of the Constitution of India. The Apex Court in a catena of judgments has held that right to life within the meaning of Article 21 of the Constitution would encompass a right to live with human dignity. It is incomprehensible as to how a lowly placed grade-IV employee can live life with dignity without salary for months and years together. Respondents have acted in an unlawful and unconstitutional manner in denying the petitioner his due salary thus violating the petitioner’s indefeasible fundamental right of rightto life within the meaning of Article 21 of the Constitution. Therefore, the situation needs to be remedied.

In view of the above, respondents, more particularly respondent Nos.2 and 3, i.e., Commissioner of Panchayat and Rural Development, Assam, and Project Director,DRDA, Karimganj, are directed to release the salary of the petitioner for the period from 19.04.2015 to May, 2005, within a period of eight weeks from the dateof receipt of a certified copy of this order. Parallely, the said authorities shall take necessary steps to allow re-sumption of duty by the petitioner. However, it is made clear that this should not be a ground to delay release of salary to the petitioner as directed above.

For the manner in which the petitioner has been treated and his right under Article 21 has been violated, cost of Rs.50,000/- is imposed on the respondents to be paid by respondent No.1 i.e., Commissioner and Secretary to the Government of Assam, Panchayat and Rural Development Department along with the salary within the period as indicated above.

Respondent No.1 may also conduct an enquiry to identify the erring officials andif they are still in service, to take appropriate administrative measures against them.

Let a copy of this order be furnished to the Member Secretary, Assam State LegalServices Authority, Guwahati, who shall monitor compliance of the above directions and ensure payment of the due amount to the petitioner. In the event of non-compliance, Member Secretary shall submit report to the Court.

Writ petition is allowed with cost in the above terms.