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2020 Supreme(AP) 494
ANDHRA PRADESH HIGH COURT AT AMARAVATI
M. Satyanarayana Murthy, J.
A.v.v.b. Eeswara Rao - Appellant
Versus
State Of Andhra Pradesh - Respondent
Writ Petition No. 9789 of 2020
Decided On : 13-08-2020
D.V. Sasidhar, Advocate
Headnote:
CONSTITUTION OF INDIA - ARTICLE 21 - RIGHT TO LIFE - RIGHT TO LIVELIHOOD - ARTICLE 300-A - RIGHT TO PROPERTY - DEFERMENT OF SALARY - EMPLOYEES OF CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS - ILLEGALITY - VIOLATION OF FUNDAMENTAL RIGHTS - ARREARS OF SALARY WITH INTEREST - PAYMENT DIRECTED.
Fact of the Case:
The petitioner, an employee of a temple, challenged the deferment of salary for the months of March, April, and May 2020, payable in the months of April, May, and June 2020, respectively, as per Government Orders issued due to the COVID-19 pandemic. The petitioner contended that the deferment was violative of Articles 21 and 300-A of the Constitution of India, as the right to livelihood and the right to property were being infringed without authority of law. The respondents, the State Government and the Commissioner of Endowments, defended the deferment, arguing that it was necessary due to the financial constraints faced by the State and the temples during the pandemic.
Finding of the Court:
The Court held that the deferment of salary was violative of Articles 21 and 300-A of the Constitution of India. It observed that the right to livelihood is an integral part of the right to life guaranteed under Article 21, and that the right to property includes the right to salary. The Court further held that the deferment was not authorized by any law, and therefore, it was arbitrary and illegal. The Court also noted that a fund had been created under Section 65-A of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, for the purpose of payment of salary to employees of charitable and Hindu religious institutions, and that the respondents were under a statutory obligation to pay salary from this fund.
Issues: 1. Whether the deferment of salary for the months of March, April, and May 2020, payable in the months of April, May, and June 2020, respectively, was violative of Articles 21 and 300-A of the Constitution of India? 2. Whether the deferment was authorized by any law? 3. Whether the respondents were under a statutory obligation to pay salary from the fund created under Section 65-A of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987?
Ratio Decidendi: 1. The right to livelihood is an integral part of the right to life guaranteed under Article 21 of the Constitution of India. 2. The right to property includes the right to salary. 3. The deferment of salary was not authorized by any law and was therefore arbitrary and illegal. 4. The respondents were under a statutory obligation to pay salary from the fund created under Section 65-A of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
Final Decision: The Court allowed the writ petition, declaring the deferment of salary as illegal and arbitrary, and violative of Articles 14, 21, and 300-A of the Constitution of India. The Court directed the State Government and the Commissioner of Endowments to pay the deferred salary, along with interest at the rate of 12% per annum, to all employees of charitable and Hindu religious institutions within two months from the date of the judgment.
JUDGMENT
M.Satyanarayana Murthy, J. - This writ petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus declaring the action of respondent No.1 in issuing the Memo No.ENDW/221/2020/Endt.I(2) dated 20.05.2020 and consequential Memo In. RC.NoA2/11/4/2020-2 dated 26.05.2020 issued by respondent No.2 as bad, illegal, arbitrary, void, violative of principles of natural justice, without jurisdiction and violative of Articles 14 and 21 of Constitution of India, and set aside the same and direct the respondents to implement the provisions of Section 65-A of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Act") for payment of salary of the employees of the Charitable and Hindu Religious Institutions & Endowments.
2. The petitioner is working as Senior Assistant, Sri Kukuteswara Swamy Devasthanam, Pitapuram, East Godavari District.
3. It is alleged that in view of the present situation prevailing the in the state because of the Epidemic COVID-19 and the economic consequences due to lock down, the cessation of the revenue inflow and extra burden imposed on the state's resources, the Government has issued G.O.Ms.No.26 Finance (HR-V-TFR-AL-EWF) Department dated 31.03.2020 ordered deferment of salary for the month of March 2020 to be payable in the month of April 2020 and stated that the same deferment would continue to be in force till further orders. The details of the deferment are as follows:
(i) There shall be (100)% deferment in respect of Hon'ble C.M / Hon'ble Ministers / Hon'ble M.L.As / Hon'ble M.L.Cs, Chairperson & Members of all Corporations, elected representatives of all Local Bodies & people holding equivalent posts, as per the orders issued from time to time.
(ii) There shall be (60)% deferment in respect of All India Service Officers viz.,IAS, IPS and IFS;
(iii) There shall be (50)% deferment in respect of all other Government employees, including work-charged employees & persons engaged under the category of direct individuals professions & through 3rd party, except Class-IV Employees;
(iv) There shall be (10)% deferment in respect of Class-IV, Out-sourcing, Contract and the Village & Ward Secretariat employees.
(v) The deferment mentioned in respect of Para 5(i), (ii), (iii) & (iv) supra shall be made applicable mutatis-mutandis in respect of the retired employees in the respective categories.
(vi) The above deferment shall be equally applicable to the serving & retired employees of all PSUs/Government aided Institutions /Organizations /Universities /Societies /Autonomous bodies/ Semi autonomous bodies, etc. in respect of their Salaries /Wages/Honorarium/Pensions.
4. Further, the Government has issued another G.O.Ms.No.27 Finance (HR-V-TFR-AL-EWF) Department dated 04.04.2020 partially modifying the earlier G.O.Ms.No.26 dated 31.03.2020 and ordered for payment of full eligible salary to the employees of the following departments:-
(i) Medical & Health Department
(ii) Police Department
(iii) Sanitation workers working in Rural Local Bodies/Urban Local bodies i.e. Nagar Panchayats/Municipalities/Municipal Corporations.
5. It is further alleged that in view of the extended lockdown till 3rd May 2020, the Government has issued G.O.Ms.No.37 dated 26.04.2020 continuing the deferment of salary for the month of April 2020 payable in May 2020 as per the percentage mentioned in G.O.Ms.No.26 dated 31.03.2020 and ordered payment of full pension to all the categories of pensioners. Further, the lock down was extended till 31st May 2020 by the Ministry of Home Affairs with certain relaxations, thereafter the State of Andhra Pradesh has issued certain guidelines for full functioning of all Government officer, including Secretariat and Heads of Departments.
6. It is further contended that as the office started functioning, the State Government of Andhra Pradesh has issued G.O.Ms.No.44 dated 22.05.2020 ordered to pay the salary without deferment from the month of Ma
