Case Law
Subject : Labour Law - Service Matters
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.
Smt.
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.
Counsel for the petitioner, Shri
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
> “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.
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.
The judgment invoked
(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.
#WelfareState #LaborRights #CourtOrder #AllahabadHighCourt
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