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2026 Supreme(Ori) 752
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA, J.
Puspanjali Sahoo - Petitioner
Versus
State Of Odisha, Represented Through Commissioner-cumSecretary, Women And Child Development Department And Others – Respondents
W.P.(C) No.35033 of 2025
Decided On : 13-01-2026
For the Petitioner:Mr. D.N. Rath, Advocate
For the Respondent:Mr. S.R. Pattanaik, Learned Addl. Govt. Advocate
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.
Headnote:(A) Constitution of India, 1950 - Articles 21, 23 and 300-A - Writ petition for disbursement of arrear salaries - Petitioner appointed as Anganwadi Worker since 24.07.2025 but salary not disbursed by Opposite Parties - State's obligation to treat employees fairly is emphasized - Propositions established: an employee has a right to salary, violation of fundamental rights if salaries are withheld - Court orders payment of arrears within 15 days and stipulates interest for delay. (Paras 1, 6, 8, 10)
(B) Duty of State - The State must act as a model employer and uphold the constitutional rights of its citizens. (Paras 6, 8)
Facts of the case:
The petitioner, appointed on 24.07.2025 as Anganwadi Worker, filed for payment of withheld salaries after several representations remained unanswered. (Paras 2, 5)
Findings of Court:
The court underscored that the withholding of salary violated the rights guaranteed under the Constitution and allowed the petition, directing payment of arrears with interest. (Paras 9, 10)
Issues: The core issue was the non-payment of salaries despite service rendered and the duty of the State to fulfill its obligations towards employees. (Paras 2, 8)
Ratio Decidendi: The State's inaction in paying the petitioner her dues breached her constitutional rights, reinforcing the legal principle that the right to receive salary is fundamental and should be protected. (Paras 6, 8)
Result: Writ petition allowed; Opposite Parties directed to pay salaries within 15 days.
| 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 in the district of Jajpur and accordingly, she(petitioner) has been discharging her works properly as an Anganwadi Worker of Anganwadi Centre No.6 of Prathmakhandi Grama Panchayat since 24.07.2025 continuously and regularly without any default, but till yet, her monthly salaries since 24.07.2025 till yet, have not been paid by the Opposite Parties. As such, the petitioner had/has been discharging all works of Anganwadi Centre No.6 of Prathmakhandi Grama Panchayat properly since 24.07.2025 without payment.
When, in spite of several representations of the petitioner, as per Annexure-7 series for payment of her arrear salary since 24.07.2025, the Opposite Parties did not respond to the same, then, without getting any way, the petitioner approached this Court by filing this writ petition praying for directing the Opposite Parties including her drawing and disbursing officer, i.e., Opposite Party No.4 for releasing her all arrear salaries in her favour.
3. Heard from the learned counsel for the petitioner and learned Additional Government Advocate for the State.
4. During the course of hearing, the learned Additional Government Advocate for the State submitted on the basis of Letter No.993 dated 18.12.2025 issued by the Child Development Project Officer, Rasulpur Block(Opposite Party No.4) that, in the meantime, the detailed particulars in respect of the service of the petitioner as an Anganwadi Worker of Anganwadi Centre No.6 of Prathmakhandi Grama Panchayat has already been uploaded in e-Manadeya Portal since 18.12.2025, for which, there will be no difficulty in sanctioning the salary of the petitioner.
5. On the contrary, the learned counsel for the petitioner submitted that, in spite of the aforesaid Letter No.993 dated 18.12.2025, the arrears salaries of the petitioner has not been disbursed by the Opposite Parties as yet.
6. It is very fundamental in law that, the employer State should treat and behave its all employees under it including the petitioner as a model employer. All fairness is to be expected from the State and its authorities including its officers, i.e., from the Opposite Parties. Because, the State(Opposite Party No.1) is the parent of all citizens including the petitioner. So, as per law, it is the duty and obligation of the State(Opposite Party No.1) to protect the rights of its citizens including the petitioner guaranteed by the Constitution of India, 1950 from its infringement in any manner. For which, it is not expected from the State and its authorities including its officers, i.e., from the Opposite Parties to withhold the arrear salaries of an employee like the petitioner after availing its services.
7. On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:-
(i) In a case between Un
