HC directs Haryana to clear pending salaries of employees by August 30; warns of stoppage of top officials' pay

Taking a stern view of salary denial to employees working under a Centrally sponsored scheme, the Punjab and Haryana High Court has held that non-receipt of grant-in-aid from the Union of India cannot be cited as a reason for withholding pay.

It also directed that the arrears be cleared by August 30, failing which the salary of the Additional Chief Secretary and the Engineer-in-Chief, Public Health Engineering Department, Haryana, would not be disbursed without the court’s permission.

The direction by Justice Vinod S Bhardwaj’s Bench came on a petition filed against the State of Haryana and other respondents by Deepak Kumar and other petitioners. At the onset, the counsel for the petitioners Lajpat Sharma pointed out that the salaries for the last four months had not been released. The Bench was also told that the petitioners were working as contract-based employees under the Water and Sanitation Support Organisation (WSSO), Haryana Public Health Engineering Department.

Justice Bhardwaj made it clear that the state government could not absolve itself of responsibility merely on the ground that it had not yet received the 60 per cent central component under the scheme. “I fail to find myself in agreement with the aforesaid reason assigned by the respondents for withholding the payment. The salary of the employee has not been made contingent upon the receipt of the funds from the Government of India.”

Justice Bhardwaj asserted the employees were working under the direct supervision, control and governance of the Haryana government and were subjected to its disciplinary and regulatory mechanisms. As such, the primary responsibility to ensure timely disbursement of salaries rested with the state.

“Once it is not denied that the employee is working under the direct supervision, control and governance of the Government of Haryana and is subject to disciplinary and other regulatory mechanisms of the state government, the primary responsibility falls upon the employer to ensure that the salaries are disbursed in a timely manner whether or not it has received the grant,” the court observed.

Justice Bhardwaj added that persons discharging duties were made to work during the entire period under the project which had neither been abandoned nor stopped. Besides, 40 per cent share in the salary was to be contributed by the state, irrespective of Central funding.

“The employees, who are working at marginalised salaries, cannot be left open-ended receipt of the funds as and when the state desires,” the court stated, while directing the state and other respondents to ensure timely payment of future salary and the arrears.

“The arrears be cleared on or before August 30, failing which salary of the Additional Chief Secretary, Government of Haryana, Public Health Engineering Department, as well as the Engineer-in-Chief, Public Health Engineering Department, be not disbursed except with the leave of this court,” Justice Bhardwaj asserted. The matter will now be taken up on September 16.