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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY KAROL, S. KUMAR, JJ.
Lilawati Mishra, W/o. Late Krishna Kumar Mishra - Petitioner
Versus
The State of Bihar, through Additional Chief Secretary, Road Construction Department & Ors. - Respondents
Civil Writ Jurisdiction Case No.6852 of 2021
Decided On : 11-05-2022
Service Law – Remuneration – Constitution of India – Articles 21 and 300A – Denial – Right to a sum of money as salary and consequential dues is property under Constitution of India – Right to life' includes 'right to livelihood' – A salaried person by and large depends upon income from salary for his sustenance and sustenance of his family and if he is not paid salary despite working for a long period, it amounts to denial of basic human rights of a citizen and would also amount to deprivation of his life and liberty guaranteed to every citizen under Article 21 of Constitution – Income of a person is cornerstone of many of his fundamental rights – Deprivation of income on part of State directly violates Right to Life under Article 21 – When State did not disburse salaries to its employees despite having money in its coffers, money which was ready to be disbursed, it was clearly engaging in practising double standards – By arbitrarily denying wages to employee right to livelihood was denied by State without following procedure established by law, which is a blatant violation of Article 21 of Constitution of India – Financial difficulties of employer cannot be a ground for non-payment or delayed payment of wages to workmen – State has the duty to set an example of being a model employer to its employees. (Paras 25, 27, 29, 30, 32, 35, 36, 45 and 47)
Service Law – Pension and Gratuity – Pension is deferred portion of compensation for rendering long years of service – It is a hard-earned benefit, accruing to an employee in nature of property – Pensionary provisions must be given liberal construction more so as a social welfare measure – It is not a bounty to be dispersed contrary to rules, but very basis for grant of such pension is to facilitate a retired government employee, live with dignity, in winter of his life – This fundamental principle must be kept in mind while taking action, depriving benefits which ought not to be done, unreasonably, more so, on technicalities – Gratuity has also been held to be a statutory right which cannot be taken away – Directive principles of State policy which are fundamental to governance of State, impose obligation upon State to ensure a living way and decent standard of living. (Paras 38, 39 and 41)
Bihar State Litigation Policy, 2011 – Civil Procedure Code, 1908 – Section 89 – Exemplary damages are awarded in cases where right to life under Article 21 has been grossly infringed – This case is fit for award of exemplary damages/costs over and above dues of petitioner's husband, to the tune of Rs.5,00,000/- (Rupees Five Lacs) – Respondents-authorities shall positively pay entire amount constituting unpaid salary, gratuity, pension etc., to writ petitioner – Chief Secretary to Government shall ensure that mechanism in terms of Bihar State Litigation Policy, 2011 is not only put in place, but also made effectively functional – He shall also endeavour to provide further mechanism, enabling employees to vent out their grievances, be it of whatever nature – One such tool is setting up a 'Web Portal' at level of Principal Secretary/Secretary of concerned Department(s), where employees can lodge their grievances/complaints – Such grievances/ complaints shall be processed and adequately responded to within a reasonable period – This would facilitate speedy redressal of genuine grievances and prevent unnecessary litigation, clogging wheels of administration of justice – Such endeavour shall only be in spirit of Litigation Policy, framed by State Government – All Grievances Redressal Committees stipulated under Litigation Policy shall be made immediately functional and operational. (Paras 70, 72 and 75)
JUDGMENT :
Sanjay Karol, J.
The following questions arise for consideration in the instant writ petition:-
2. Whether the acts of the State in delaying the disbursement of retiral benefits can be countenanced given the established notion of the State as a Model Employer?
3. Whether a case is made out for punitive damages/heavy cost in the instant set of facts in light of the inordinate lapses?
4. Whether the State is obligated to constitute an effective grievance redressal mechanism with respect to payment of legitimate dues of a salaried employee, including pension and other post retiral benefits, to ensure that earned dues are disbursed on time?
FACTS
2. The petitioner namely Lilawati Mishra (referred to as the petitioner) is the wife of late Shri Krishna Kumar Mishra (hereinafter referred to as the employee), whose salary in arrear and non-disbursement of retiral benefits are the subject of this petition.
3. The employee was appointed as a Temporary Estimator on 05.12.1961 and joined the office of Superintending Engineer Chhotanagpur Circle. After a series of internal and interdepartmental postings in several districts such as the office of Executive Engineer, Ranchi Division, Rajendra Agriculture College, Pusa, etc., he was promoted to the post of Assistant Engineer in1994 and was to join the office of Executive Engineer, Advance Planning Division, Munger Road Construction Department, but since his joining was not accepted, was ultimately allowed to retire on 31.12.1996, without getting such posting.
4. The first communication with respect to payment of arrears of salary, pension and post retiral benefits was to the Engineer-in-Chief-cum-Secretary, Rural Engineering Organization, Patna, Bihar, on 04.01.1997. Since then, letters to many of the respondents were written by the employee during his lifetime and by the petitioner (annexed with the petition). Such letter, Annexure-2 to the writ petition, contains details of salary arrears totalling ten years, nine months and 13 days.
5. It is to be noted that even before superannuation of the employee, a letter was written by the then Executive Engineer, Rural Engineering Organization, Works Division, Ranchi to Engineer-in-chief-cum-Additional Commissioner-cum-Special Secretary, Rural Engineering Organization, Bihar Patna (Annexure-3 to the writ petition) putting onto paper the various periods for which the employee was not paid his earned remuneration. Further requesting the concerning authority to initiate said payment, keeping in view the approaching date of superannuation, i.e. 31.12.1996.
6. A number of inter-departmental communications were undertaken to verify the papers, service book etc., of the employee, which, according to the petitioner, stood already submitted, but to no avail. Such facts evident from Annexure 9 dated 18.01.2011, Page-45, remain uncontroverted by the State. The last pay certificate and other related documents were also sent to the Executive Engineer, Works Division, Ranchi, on 17.01.2011.
7. The further representation made on 07.04.2011 (Annexure-11, page-47) resulted in other interdepartmental communications. On 01.04.2013, another representation was made before respondent no.5 herein (Annexure-20, page-60), but despite all these communications, no resolution of their demands/needs were forthcoming.
8. Ultimately, the employee died in 2017, not receiving any of the amounts due to him.
9. This writ petition was filed on 06.03.2021 for a writ of mandamus to the respondents' authorities for payment of retiral benefits and arrears in salary and interest.
10. The delay in filing the writ petition has not escaped this Court. However, in light of the attending facts, it cannot impede the petition's adjudication on merits.
11. A counter affidavit has been filed, noticeably after considerable delay by respondent no.
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