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Rajasthan High Court Slams State's 'Callous Attitude' Towards Employee Who Wasn't Paid For 1.5 Yrs Despite Continuous Service
Nupur Agrawal
14 Jan 2025 9:00 AM
The Jodhpur bench of Rajasthan High Court directed the State not to pay salary of Principal Secretary–health department, Principal Secretary–Medical Education Department and Principal & Controller of Rajmata Vijaya Raje Scindia Medical College in case the dues of college's employee pending since April 2023, are not cleared by next month. The court said this after taking note of...
The Jodhpur bench of Rajasthan High Court directed the State not to pay salary of Principal Secretary–health department, Principal Secretary–Medical Education Department and Principal & Controller of Rajmata Vijaya Raje Scindia Medical College in case the dues of college's employee pending since April 2023, are not cleared by next month.
The court said this after taking note of the "callous attitude of the State authorities" with respect to an employee–who had not been paid salary for over 20 months.
Justice Dinesh Mehta was hearing a petition filed by the petitioner–a bio medical engineer at the college, despite being in continuous service, had not received salary/ honorarium since April, 2023.
"It is shocking state of affairs that the petitioner has not been paid his salary/honorarium since April, 2023, despite his services are being used continuously," the court said.
In the previous hearing, it was submitted by the counsel for the respondent that the petitioner's services were governed by the Medical Education Department which was not impleaded in the matter, and proper instructions could be obtained from them only regarding payment of dues to the petitioner.
To resolve this dispute of appropriate authority, the Court had directed a joint meeting of the Principal Secretaries of the Medical Health Department and Medical Education Department.
When the matter was heard on January 10, the court, after perusing the minutes of a meeting held on January 2, noted that the meeting is of the Medical Education Department and the Principal Secretary of Medical & Health Department "was not invited/present" despite the specific directions of the court.
In this background, the Court opined that neither the minutes of the joint meeting were put before it, nor was the counsel in a position to state whether such a meeting took place or not.
In this light, the Court opined shock over the state of affairs of outstanding dues of the petitioner for almost 20 months and his grievance still remaining unattended and unresolved. It said:
“While expressing its concern about the indifferent rather, callous attitude of the State authorities qua an employee, who has not been paid salary for the last more than twenty months, it is, hereby, ordered that in case the petitioner's entire dues are not cleared by the next date of hearing, the State shall not disburse salary to the Principal Secretary of Medical & Health Department, Principal Secretary to the Medical Education Department and Principal & Controller, Rajmata Vijaya Raje Schindia Medical College, Bhilwara.”
Accordingly, the petition was listed for hearing on February 7, 2025.
Title: Rajesh Kumar v State of Rajasthan & Ors.
Counsels for Petitioners: Mr. Manvendra Singh with Ms. Saumya Choudhary
Counsels for Respondents: Mr. N.S. Rajpurohit, AAG with Mr. Sher Singh Rathore