Excelsior Correspondent
SRINAGAR, Mar 20: High Court has quashed the order of Director Health Services Kashmir stopping the salary of class-IV employees of the department and directed for release of their two years withheld salary as also their future salary.
Justice Ali Mohammad Magrey while allowing the writ petitions filed by the class-IV employees of the Health Department against the order of DHSK wherein their claim for release of salary for the work which they have rendered was rejected, directed the concerned to release their withheld as well as future salary.
Court, however, observed that it shall not prevent the authorities from taking the inquiry regarding genuineness or otherwise of the appointment of the concerned Class-IV employees, including the petitioners, to its logical conclusion as well as from taking the subsequent necessary follow up action with respect thereto on the basis of the final outcome of the said inquiry in accordance with law.
The Class-IV employees of the Health Department were represented by the advocate Altaf Haqani, while as the department was represented by advocate Shah Aamir (AAG). The precise case set up by the petitioners was that they are working as Class-IV employees in the respondent Department on substantive basis from the last 15 years and the controversy regarding the correct allotment of General Provident Fund (GPF) Computer Code numbers of Class-IV employees working in the offices of the Block Medical Officers was raised by the officials of the department.
It was contended before the Court that the petitioners are continuing to discharge their duties uninterruptedly at their respective places of posting, however, their salary is not being released without there being any rhyme or reason due to passing of order No. 381-NG of 2019 dated 29th of August, 2019 issued by the Director, Health Services, Kashmir, whereby the claim of the petitioners for release of the salary has been rejected.
In response to the writ petition department states that as per the records available in the Department, the District Fund Officer, Bandipora, identified 129 Class-IV employees, including the petitioners, who were drawing salary from the Medical Blocks, Hajin; Bandipora; and Gurez of District Bandipora, but were holding fictitious GP Fund Account numbers as the same did not match with the record of the District Fund Office, Bandipora.
Consequently, as stated, the Chief Medical Officer, Bandipora, was instructed to withhold the salary of all 129 Class-IV employees. The respondents contend that in order to conduct an enquiry into the matter and to take further course of action, an Inquiry Committee was constituted vide order dated 3rd of February, 2018, besides, the matter was also referred to Crime Branch, Kashmir, as is evidenced by communication dated 10th of May, 2018 for further investigation.
It is further submitted that during the course of investigation conducted by the Crime Branch, Kashmir, it came to fore that all 129 Class-IV employees of District Bandipora possess fictitious GP Fund Account numbers with allotted Computer Code 7501 and that these persons have managed their appointments fraudulently through a well-knit criminal conspiracy in league with some officers/officials of the Department.
Justice Magrey after hearing both the parties and perused the records made available by the department said, there is no dispute to the fact that these employees are discharging their duties in the Health Department as Class-IV employees in different Medical Blocks of District Bandipora for quite a long time but the controversy with regard to the genuineness or otherwise of 129 number of Class-IV employees working in the respondent Department, including the petitioners for which a Departmental Inquiry is stated to have been ordered by the respondents which is pending final outcome.
“Admittedly, till date, neither any final report nor a formal order has been issued by the respondents declaring the appointment of the 129 Class-IV employees, including the petitioners, as fake or otherwise”, Court recorded.
Court said, in absence of a final decision in the inquiry proceedings with reference to the case of the petitioners, coupled with the factum of the petitioners discharging their duties in the Department continuously, the authorities cannot retain the salary of the petitioners for inordinate time.
Court said, the salary is the property of an employee and that the right to receive the salary is a fundamental right of an employee as enshrined under Article 19 of the Constitution of India. In the case on hand, the only reason for non-payment of the salary in favour of these employees is pendency of inquiry with reference to genuineness or otherwise of the appointment of the petitioners.
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