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2007 DIGILAW 985 (PAT)

Madhu Sinha v. State Of Bihar

2007-05-22

NAVANITI PRASAD SINGH

body2007
Judgment 1. The present writ application has been filed by the petitioner who is a doctor in the State Health Service which reflects a very sorry state of health of the Health Department, Government of Bihar. Apparently, a cancer has set in the said department and if not remedied timely, it will grow in proportion. Doctors and other employees are required by law and by superior to discharge their duty diligently but when it comes to the State responsibility in terms of timely payment of salary and other emoluments, the law is flagrantly violated by the State themselves. This case is an illustrative of one of the thousand such cases. The petitioner filed this writ application in 2006 making a grievance that for several periods starting from 1997, salary was not paid, the last of such period being 12.4.2001 to 30.6.2001. Now the petitioner informs this court that all other dues have been cleared and with respect to the said last period, the counter affidavit states thus: "That so far the salary for the period 12.4.2001 of the petitioner is concerned, sanction and approval has been sought from the Health Department, as soon the sanction, approval and allotment of fund is being provided to the deponent by the Department, same shall immediately thereafter be paid to the petitioner". 2. The statement made in paragraph 5 quoted above itself demonstrates the cancer that is spreading in the Health Department and may be leading to unhealthy practices. A money as a part of salary that was due in the year 2000 is being sought for in the year 2006 and that too in the most casual manner as if the State has a right to deprive its employees of timely payment of due remuneration. 3. I may only mention that if a private individual employer in a commercial establishment would default in timely payment of salary, he would automatically be liable to prosecution under Payment of Wages Act but merely because the said Act does not cover the State Government, I do not think it does not give an authority to the State Government to delay payment of salary to their employees for any reason whatsoever. The reason for exemption from the provisions of Paymentof Wages Act is that the Legislature thought that the Government would function in a non-arbitrary and non-discriminatory manner being a welfare Government and did not require the necessary regulation. The Very premise on which the exemption or non-applicability of the said Act was based is bellied in such cases which are not few in number. 4. In such circumstances, the liability to pay the amount not being in dispute, I direct the respondent no. 2 the Secretary-cum-Commissioner, Health Department, Government of Bihar to onsure full and final payment of all arrears of salary of the petitioner within a period of fifteen days from production of this order alongwith an interest of 8% per month for delay in payment of salary. 5. This writ application is, accordingly, allowed with the aforesaid direction.