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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Priyanka Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners' appointment and non-payment of salaries. (Para 1 , 2 , 3 , 5) |
| 2. court's inquiry into reason for non-payment. (Para 4 , 6) |
| 3. state's obligation as a model employer. (Para 7 , 9) |
| 4. legal rights to remuneration. (Para 8) |
| 5. judgment allows writ petition for payment. (Para 10 , 11 , 12 , 13) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for directing the Opp. Parties to pay their arrear monthly remunerations since 29.01.2025 and to pass such other order(s), to which, the petitioners are entitled for.
2. The case of the petitioners is that, the petitioners are two young educated females. They (petitioners) were properly selected and appointed by the Opp. Parties on dated 29.01.2025 as per Letter Nos.103 and 106 vide Annexure-1 series issued by the Opp. Party No.4 (CDPO, ICDS Tangi Choudwar) as Anganwadi workers of Sanadebil and Bandalo-3 Anganwandi centres under Magura and Banipada G.P. of Tangi Choudwar Block in Cuttack District.
Accordingly, since 29.01.2025, they (petitioners) have been discharging their duties properly without any complain as
The State cannot withhold employees' remuneration based on procedural delays; doing so violates their fundamental rights.
The State must ensure timely payment of employee remuneration, as failing to do so violates constitutional rights, regardless of procedural issues.
A fundamental right to receive salary is guaranteed, and withholding it constitutes a violation of constitutional rights, obligating the State to act as a model employer.
Point of law: Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. A responsible municipal council constituted for the precise purpose of pr....
The State's withholding of salaries for teachers for 19 months constitutes forced labour, violating Article 23 of the Constitution, which prohibits such practices.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
Honorary service as Anganwadi worker under scheme not qualifying for pension as non-government, non-substantive civil post service in non-pensionable establishment; courts cannot direct policy to cou....
The court established that Anganwadi Workers and Helpers are entitled to gratuity under the Payment of Gratuity Act, 1972, recognizing Anganwadi centres as 'establishments'.
The main legal point established in the judgment is the application of the principle of 'equal pay for equal work' under Article 14 of the Constitution of India, emphasizing the need for parity in fu....
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
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