The State is legally obligated to pay salary for work actually performed by an employee, even if the appointment is deemed irregular.

ORAL ORDER

05-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed seeking a direction to the authorities concerned for payment of wages/salary to the petitioner from the date of his joining, i.e. 15.04.2015, till date for his continuous work against the respective post, which, according to the petitioner, remains unpaid arbitrarily and unreasonably, despite various orders/communications issued by the authorities themselves directing that such payment should not be withheld. The petitioner has also invoked his rights under Article 23 of the Constitution of India and has further prayed for payment of interest on the delayed payment along with litigation costs for alleged unnecessary harassment.

3. It is the case of the petitioner that despite having discharged his duties continuously from the date of joining, i.e. 15.04.2015, till date, his salary has not been paid without any justifiable reason. He further submits that in view of the judgment of the Hon’ble Apex Court in Man Singh vs. State of U.P. , reported in 2022 LiveLaw (SC) 341, wherein it has been held that even if an appointment is irregular, the State is bound to pay salary for the work actually performed by the employee.

4. On the other hand, learned counsel for the State submits that the petitioner may be directed to file an appropriate representation along with all necessary documents for adjudication of his claim, and that the authorities concerned would consider the claim of the petitioner strictly in consonance with the ratio laid down by the Hon’ble Apex Court in the case of Man Singh (supra).

5. In view of the submissions advanced by the parties, the petitioner is directed to file a fresh representation, in continuation of the earlier representation, appending all requisite documents, including a copy of this order, before respondent no. 3 within a period of four weeks from today. Upon filing of such representation, respondent no. 3 shall adjudicate the grievance of the petitioner in light of the aforesaid judgment, within a period of eight weeks from the date of receipt of the representation with respect to the claim of salary, after verification from the records regarding the duties discharged. Necessary orders shall be passed, and if the claim of the petitioner is found to be genuine, the admissible amount shall be paid to the petitioner within the same period.

6. With the aforesaid observations and directions, the instant writ application stands disposed of.