Welfare State Obligation: High Court Orders Payment to Peon Despite Procedural Lapses in Appointment - 2024-03-06

Allahabad High Court Upholds Welfare State Principle, Orders Payment of ₹1 Lakh to Long-Serving Peon

Allahabad, India - In a significant ruling emphasizing the obligations of a Welfare State, the Allahabad High Court has directed the Uttar Pradesh government to pay ₹1,00,000 to a woman who served as a peon for decades, even though her formal appointment faced procedural irregularities. Justice Saurabh ShyamShamshery presided over the case, highlighting the state's duty to ensure basic entitlements are met, especially for those in vulnerable positions.

Case Background: Decades of Service, Persistent Wage Denial

Smt. Bhagonia Devi , the petitioner, approached the court seeking redress for non-payment of salary. She claimed to have been initially appointed as a part-time 'Sewika' (Peon) in 1971 at Kanya Junior High School on a meager ₹15 monthly salary. In 1981, an order purportedly upgraded her to a ‘Full Time Peon’ with a salary of ₹165 per month. However, according to her petition, this revised salary was never disbursed, and even the initial ₹15 monthly payments ceased in 1996. Despite this, Smt. Bhagonia Devi asserted she continued working until filing the writ petition in 2010 and beyond.

The respondent, the District Basic Education Officer Banda, contested the claim, citing a 1985 order that withdrew the 1981 full-time appointment order. The grounds for withdrawal were lack of proper approval and the fact that the initial order was allegedly never challenged.

Arguments and Court's Observations

Counsel for the petitioner, Shri Anand Tiwari , argued that once Smt. Bhagonia Devi was appointed as a full-time peon in 1981 with a fixed salary, the respondents were obligated to pay her. Instead of withdrawing the order, the concerned authority should have sought proper approval. Reliance was placed on Supreme Court judgments like Sabha Shanker Dube Vs. Divisional Forest Officer & Ors and State of Punjab Ors Vs. Jagjit Singh & Ors , advocating for minimum regular pay scale for similarly situated employees.

The respondents reiterated the reasons provided in their impugned order, emphasizing the withdrawal of the 1981 appointment order due to lack of approval and the continuous payment of only ₹15 per month until 1996, which they claimed was for her part-time Sewika role from 1971.

Justice Shamshery acknowledged that the petitioner may not have conclusively proven a legally sound full-time appointment. However, the court underscored that it was undisputed that Smt. Bhagonia Devi had worked as a peon for an extensive period. The judgment stated:

> “The respondents have not denied that petitioner has worked as a Peon... Still when the petitioner has worked, therefore, she is entitled to be paid salary for it.”

The court found the respondents' approach to be "hyper technical" and contrary to the principles of a Welfare State. While distinguishing the precedents cited by the petitioner's counsel on technical grounds of appointment procedure, the court asserted the fundamental principle of compensation for work rendered.

Decision: ₹1 Lakh Compensation and Welfare State Principles

Considering the petitioner's long service, her being a woman, and the protracted legal battle, the High Court disposed of the writ petition with a direction to pay Smt. Bhagonia Devi ₹1,00,000. This amount was designated towards her salary dues and the costs incurred in pursuing justice over two writ petitions spanning 12 years for the current petition alone. The order explicitly stated this payment was a full and final settlement, precluding any further claims.

The judgment invoked Kautilya 's Arthashastra to underscore the concept of a Welfare State, quoting:

(In the happiness of the subjects lies the happiness of the King, in their welfare his welfare. He shall not consider as good only that which pleases him, but treat as beneficial to himself whatever pleases his subjects.)”

This ruling serves as a reminder that procedural technicalities should not overshadow the fundamental responsibility of the state to ensure fair treatment and basic sustenance, particularly for those who have diligently served the system, even in informal or disputed capacities. The state, acting as a Welfare State, is obligated to uphold the well-being of its citizens, ensuring that work is duly compensated. The ordered amount is to be paid within four weeks.