Research › Search › Judgment

Patna High Court · body

2014 DIGILAW 228 (PAT)

Sanjula Devi v. State of Bihar

2014-02-11

AJAY KUMAR TRIPATHI

body2014
Order It is a limited issue which the Court would like to decide, which is whether an employee is entitled to payment of salary for the period work has been taken from her. 2. In somewhat tragic circumstance where entire family members of the petitioner were eliminated, the State authorities decided to offer her compassionate appointment. After appointment she has been working but salary was not being paid on the pretext that the authenticity of her educational certificate was yet to be established. Subsequently, a communication from the Incharge Headmaster of the School from where Class-VIII School Leaving Certificate had been obtained, informs the authority that no student of such name was ever enrolled in the school. 3. That is yet another issue for which the respondents are adequately armed in law but the reason being offered now for non-payment to the petitioner is untenable because the law in this regard is well settled that no person can be made to work gratis and no person will be denied money or salary for the period of work taken by a welfare State on the pretext of verification. If her engagement is required to be taken away they have to adopt the modality prescribed under law but the respondents are directed to pay her salary for the period she has rendered service under them. 4. The original file tendered to the Court is returned to the State counsel. 5. The payment must accrue to the petitioner within a period of three months from the date of production of a copy of this order. 6. Writ application stands allowed.