Point of law: non-payment of salary creates dent on the financial condition of an ordinary employee who is getting meager income as a salary. That would temporarily deprive right to property, though not authorized by law, certainly violates the fundamental rights guaranteed under Article 21 and Constitutional Right to property under Article 300-A of the Constitution of India and Human Rights of livelihood as per Article 25(1) of Universal Declaration of Human Rights and such deprivation is illegal and impermissible.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, questioning the inaction of the respondents in not paying the salaries to the petitioner basing on the appointment orders issued vide Proceedings Rc. No. 3884/E3/2019 dated 08.01.2020 in the post of second Auxiliary Nurse Midwife (ANM) by the fourth respondent as illegal, arbitrary and consequently direct the respondents to pay salary to this petitioner including the arrears from 22.01.2020 as per the appointment order dated 08.01.2020.

2. In view of the proceedings of the District Collector in Rc. No. 553/2019-C3 dated 16.12.2019 directing the Superintendent, Government General Hospital, Guntur to provide employment to the petitioner on contract basis immediately as per the provisions of G.O.Ms. No. 95 SW (CV-POA) Department dated 29.08.2016, the fourth respondent/ DMHO, Guntur appointed the petitioner as second ANM on outsourcing basis vide proceedings Rc. No. 3884/E3/2019 under NHM and posted at Etukuru Sub-Centre of Katrapadu PHC, Guntur District. The petitioner is rendering services since 22.01.2020 as second ANM with all requisite qualification and waited for period of eight months for salaries, but not paid and finally the petitioner has submitted representations on 21.09.2020 and 07.12.2020 to the third respondent and requested for payment of salaries. But, no amount was paid till date, though she is rendering services as ANM. Therefore, the petitioner submitted another representation on 07.12.2020 to the Medical Officer, PHC Katrapadu and submitted another presentation on 08.01.2021 to the fourth respondent, but she was not paid salary and no purpose was served. Therefore, the petitioner herein approached this Court to issue a direction to the second respondent to pay salary for the services she rendered as an employee in terms of the appointment orders issued vide Proceedings Rc. No. 3884/E3/2019 dated 08.01.2020.

3. Learned Government Pleader for Services placed on record, written instructions Rc. No. HMF-04-11021(32)/16/2020-EST-SEC-CHFW dated 03.02.2021 admitting about issue of directions to appoint Smt. Jupalli Radhika W/o Pedda Hanumaiah and Mother of Kum. J. Lavanya (aged 05 years) as per Serial No. 6 of Government in Circular Memo No. 627352/CV-POA Social Welfare Department dated 10.10.2020 read with G.O. No. 95 Social Welfare (CV-POA) Department dated 29.08.2016. On the strength of the same, learned Government Pleader for Services contended that, in the absence of any service certificate, she is not entitled and requested to pass appropriate orders.

4. Appointment of this petitioner on outsourcing basis as second ANM is not in dispute, but discharge of duties by the petitioner for the last eight months is disputed by the learned Government Pleader for Services-III. However, the petitioner obtained Service Certificate dated 18.01.2021 from Medical Officer, Primary Health Centre, Katrapadu, Guntur District, certifying that the petitioner is working as second ANM Sub-Centre Etukuru, Primary Health Centre Katrapadu since 22.01.2020 till 18.01.2021. Therefore, the certificate issued by the Medical Officer is suffice to conclude that the petitioner is discharging her duties as second ANM, since the date of her appointment i.e. appointment orders issued vide Proceedings Rc. No. 3884/E3/2019 dated 08.01.2020. Based on this certificate, the petitioner is deemed to have been discharging her duties as second ANM. As long as the petitioner is rendering service in terms of appointment orders issued, vide Proceedings Rc. No. 3884/E3/2019 dated 08.01.2020, she is entitled to claim the salary payable to her as per the appointment orders issued, vide, Proceedings Rc. No. 3884/E3/2019 dated 08.01.2020. But, non payment of salaries amounts to depriving this petitioner to livelihood and it is violative of Article 21 of the Constitution of India.

5. The word ‘salary’ is not defined in any enactment, but salary is a fixed regular payment, typically p