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2026 Supreme(Ori) 298
ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA, J.
Priyanka Swain & Another – Petitioner
Versus
State of Odisha & Others - Opposite Parties
WP(C) No.1745 of 2026
Decided On : 10-03-2026
For the Petitioner:Mr. Debabrata Dash, Advocate
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.
The State cannot withhold employees' remuneration based on procedural delays; doing so violates their fundamental rights.
Headnote:(A) Constitution of India, 1950 - Articles 21, 23 and 300-A - Writ petition for arrear remuneration - Petitioners, appointed Anganwadi Workers, have not received remuneration since 29.01.2025 - State’s reason for non-payment based on technicalities of e-Manadeya portal found unacceptable - State's obligation to ensure payment of salary/remuneration is emphasized - Deprivation of remuneration violates fundamental rights. (Paras 3, 8, 9, 10, 11)
Facts of the case:
Petitioners, appointed as Anganwadi Workers on 29.01.2025, have diligently provided services, yet have not been compensated for their work since their appointment, leading to this writ petition for payment of dues.
Findings of Court:
The Court finds merit in the petitioners' claim, ruling that the State, as a model employer, cannot withhold remuneration based on procedural delays and must fulfill its obligations promptly.
Issues: Whether the non-payment of remuneration due to administrative reasons excuses the State from its obligation to pay employees for work performed.
Ratio Decidendi: The court held that the rights to salary are fundamental and cannot be waived; denial of remuneration infringes upon constitutional rights. The State must not evade its responsibilities under the guise of procedural lapses.
Result: Writ petition allowed; Opposite Parties directed to pay arrear remuneration with interest at 15% per annum.
| 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 Anganwadi Workers of the aforesaid two Anganwadi Centres, but till yet since 29.01.2025, they (petitioners) have not been paid a single pie by the Opp. Parties as their remuneration for their aforesaid continuous service as Anganwadi Workers. When the Opp. Parties did not pay the monthly remunerations of the petitioners in spite of availing their services, then, they (petitioners) approached the Opp. Parties time and again requesting them (Opp. Parties) for payment of their arrear remunerations as well as current remunerations, but, they (Opp. Parties) did not pay any heed to the same. For which, the petitioners approached The Collector, Cuttack (Opp. Party No.2) on dated 22.09.2025 in his grievance cell for payment of their arrear remunerations, for which, the Opp. Party No.2 directed the Opp. Party No.4 (C.D.P.O, Tangi Choudwar) to take steps for the payment of their remunerations, but still then, the Opp. Party No.4 did not take any step for the same.
So, without getting any way, the petitioners filed this writ petition against the Opp. Parties praying for directing the Opp. Parties to pay their arrear remunerations since the date of their joining i.e. since 29.01.2025 as well as their current remunerations along with other relief(s), to which, they (petitioners) are entitled for.
3. Out of all the Opp. Parties, the Opp. Party No.2 (Collector-cum-District Magistrate, Cuttack) submitted counter affidavit supported with an affidavit admitting the appointment of the petitioners as Anganwadi Workers of Sanadebil and Bandalo-3 Anganwadi centres under Magura and Banipada G.P. since 29.01.2025 as well as non-payment of their remunerations since 29.01.2025 stating the reason/cause for the non-payment of the same on the basis of the written informations about the same collected from the Opp. Party No.4 (C.D.P.O, Tangi Choudwar) that, as the names of the petitioners have not been entered in the e- Manadeya portal as yet since the date of their joining as the Anganwadi Workers of Sanadebil and Bandalo-3 Anganwadi Centres due to non-completion of their selection procedures with the signature of the Chairman of the Selection Committee and due to the non-entry of their names in the engagement portal, their remunerations have not been paid, for which, only after the completion of the selection process and after uploading the same in the engagement portal, the names of the petitioners will be entered into the e-Manadeya portal for the payment of their honorarium/remunerations. Before completion of the selection process, she (C.D.P.O, ICDS, Tangi Choudwar-Opp. Party No.4) had issued/given appointment orders to the petitioners on dated 29.01.2025 and accordingly since 29.01.2025, the petitioners have been working/serving as Anganwadi Workers of Sanadevil and Ban
