Court Directs Secondary Education Department to Address 35-Year Service of Grade-IV Employee with Unpaid Salary Claims
In a significant judgment, the Gauhati High Court has directed the Secondary Education Department of Assam to consider the case of Pabindra Kumar Das, who has served as a Grade-IV employee at Paschim Bonbhag High School for 35 years without a sanctioned post. The court, presided over by Justice Shamima Jahan, highlighted the unconstitutional nature of withholding salary from an employee whose services have been utilized for such an extended period.
Pabindra Kumar Das had initially been appointed temporarily against a leave vacancy in 1991. Although his salary was paid for some years against this vacancy and later against a retired vacancy, he has not received any salary since 2005. The court noted that Das continued to serve the school in various capacities, including as a cook for the Mid-Day Meal program, reflecting his dedication and the school's reliance on his services.
The judgment emphasized that non-payment of salary to an employee working for an extended period is a violation of fundamental rights. Justice Jahan underscored the principle that if an authority utilizes an employee's services, even without a sanctioned post, the employee is entitled to basic salary. The court ordered the relevant authorities to address Das's case within a month, considering his long service and legitimate expectations for regularization.
The case was brought under Article 226 of the Indian Constitution, with Das's counsel arguing that the prolonged service built a reasonable expectation for salary payment and regularization. The court's decision reflects a commitment to upholding the rights of employees working under irregular conditions and sets a precedent for similar cases.
Das's situation was previously compared to landmark cases like Secretary, State of Karnataka v. Uma Devi, highlighting the complexities surrounding temporary employment and the necessity for fair employment practices. The court's directive aims to rectify the oversight and ensure justice for Das, who has served the school for decades without formal recognition or remuneration.
Bottom line:-
Regularization of services and payment of salary for an employee working in a Grade-IV post for a prolonged period without a sanctioned post.
Statutory provision(s): Article 226 of the Constitution of India, Fundamental Rights
Pabindra Kumar Das v. State of Assam, (Gauhati) : Law Finder Doc id # 2899281
