ORDER

The present petition has been filed challenging the action of non payment of salary to the petitioners from March 2023 till date.

2. It is the case of the petitioners that they were earlier working in Gram Panchayat and upon constitution of Nagar Parishad, the services of the petitioners were taken over in the Nagar Parishad. The absorption order dated 25.08.2021 on specific posts is placed on record as Annnexure P-1.

3. It is the case of petitioners that after absorption orders were issued, initially they were paid salary but without assigning any reason, the salary has been stopped by respondent No.5 since March, 2023 and is not released till date. It is also stated that no reason has been assigned for such stoppage of salary.

4. The learned counsel for petitioner also relies on an order dated 11.10.2023 passed by a co-ordinate bench of this Court in a bunch of cases including Writ Petition No.27601/2022. In the said case, the petitioners had challenged the action of non-payment of salary by the newly constituted Nagar Parishad after the services of petitioners therein were absorbed by the newly constituted Nagar Parishad.

In the said case, after the absorption orders were passed by the Nagar Parishad, at a subsequent stage, the absorption orders were cancelled and their services were terminated. In such circumstances, this Court has directed that the petitioners therein are entitled for salary for the period till the date of order of cancellation of absorption was issued. This Court has held as under:-

13. A perusal of the impugned order dated 02.06.2022 reflects that while passing of the order dated 02.06.2022, which is contained in Annexure P/1 the respondents have not taken any decision to cancel the recommendation of the three members Committee on the basis of which order of absorption of the petitioners were issued. The respondents first time issued an order dated 15.07.2022 by which the entire proceedings of the District Selection Committee dated 06.02.2021 were cancelled and the order dated 15.07.2022 was followed by another order dated 22.07.2022 by which the services of the present petitioners have been terminated. The order dated 15.07.2022 as well as 22.07.2022 have been assailed by the petitioners by filing separate petitions. Therefore, the present matter stands in narrow campos inasmuch as the petitioners grievance is as regard payment of salary from January, 2022 till the proceedings of the District Selection Committee dated 06.02.2021, were cancelled on 15.07.2022.

14. Undisputedly, as the petitioners have performed their duties on the strength of their appointment orders, which are contained in Annexure P/2, they are entitled for salary till the decision was taken by the Government on 15.07.2022. This Court in the case of Dr. Smt. Manmohan Kaur Vs. Sate of M.P. & Others in W.P. No.3208/2011 in paragarph No.5 has held as under:-

"5.------------This a settled in law that pension and gratuity are not bounty. They are enarned by employee by rendering long and sincere servcie to the Department. Same deffered payment of salary."

15. The High Court Andhra Pradesh in the case of Smt. Dinavahi Lakshmi Kameshwari Vs. The State of Andhra Pradesh, reported in 2020 SCC Online AP 600 has held as under:- "41.Coming to deferment of salary, the contention of the petitioner is that a salary payable to an employee cannot be deferred to any extent, except authorized by law.

42. The word ‘salary’ is not defined in any enactment, but salary is a fixed regular payment, typically paid on a monthly basis but often expressed as an annual sum, made by an employer to an employee. Thus, salary is a form of payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour, or other unit is paid separately, rather than on a periodic basis. In accounting, salaries are recorded on payroll accounts. Though the word ‘salary’ was not specifically defin