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ORISSA HIGH COURT
PUSPANJALI SAHOO – Appellant
Versus
STATE OF ODISHA – Respondent
| Table of Content |
|---|
| 1. petitioner's request for salary disbursement (Para 1 , 2) |
| 2. hearing and submission of parties (Para 3 , 4) |
| 3. state's obligation and duty (Para 5 , 6) |
| 4. legal precedents on salary rights (Para 7) |
| 5. court affirms petitioner's constitutional rights (Para 8) |
| 6. decision to allow writ and payment direction (Para 9 , 10 , 11 , 12) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Opposite Parties including the Child Development Project Officer, Rasulpur Block(Opposite Party No.4) in the district of Jajpur for disbursement of the arrear salaries of the petitioner with effect from 24.07.2025, as her salary since 24.07.2025 has not been disbursed/paid by the Opposite Parties as yet.
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, in pursuance to the directions given in the judgment dated 26.06.2025 passed in the writ appeal vide W.A. No.852 of 2025, the petitioner was appointed on dated 24.07.2025 as an Anganwadi Worker of Anganwadi Centre No.6 of Prathmakhandi Grama Panchayat under Rasulpur Block i
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.
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.
Salary for government employees is a property right protected under the Constitution, and cannot be deferred by executive orders without legislative authority.
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....
Teachers are entitled to be paid salary from the date of creation of the post. An executive order cannot override express statutory provisions. The right to livelihood, including the right to receive....
The court declined to award interest on salary arrears already credited to the petitioner's account, emphasizing the lack of evidence for deliberate omission by respondents.
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