Patna High Court Takes Stern Action Over Delayed Salary Arrears
In a significant ruling, the Patna High Court has expressed strong displeasure over a two-year delay in deciding the salary arrears claims of a former financial advisor to Munger University. The court has ordered an immediate halt to the salary payments of the university's vice-chancellor until the outstanding dues are settled.
Court Order Details and Background
A single bench of Justice Ajit Kumar issued this directive on January 29 while hearing a writ application filed by Brajendra Narain Das. The official copy of the order became available on Sunday evening, bringing the matter into public focus.
The petitioner's legal representatives, advocates Shiv Pratap and Punit Kumar, presented the case before the court. They detailed that their client, after retiring from the Indian Railway Accounts Services (IRAS), was appointed to a contractual position as financial advisor at Munger University. He assumed this role on December 14, 2018.
Contractual Terms and Unresolved Claims
According to the service contract, Das was entitled to receive a salary along with all allowances applicable to regular university employees, as per the payment fixation order of 2010 issued from the chancellor's office. He successfully completed his three-year tenure and officially demitted office on December 13, 2021.
Upon conclusion of his service, Das submitted claims for two months of salary from October and December 2021, in addition to outstanding dues under various allowance categories. Despite fulfilling his duties satisfactorily, these payments remained pending.
Administrative Delays and Court Intervention
Advocate Punit Kumar highlighted that on March 23, 2023, the chancellor's secretariat office endorsed the petitioner's claims for salary arrears. It directed the vice-chancellor of Munger University to expedite the decision-making process and facilitate payment. However, the VC's office has reportedly been sitting on the matter for approximately two years without resolution.
Expressing frustration over this prolonged inaction, the Patna High Court has now imposed a restraining order. The vice-chancellor is prohibited from withdrawing his salary until he addresses and decides Brajendra's claims in strict compliance with the chancellor's office order from March 2023.
Implications of the Ruling
This judicial intervention underscores the court's commitment to ensuring timely resolution of employment-related disputes and adherence to administrative directives. The order serves as a reminder to educational institutions and their leadership about the importance of honoring contractual obligations and processing employee dues without unnecessary delays.
The case highlights ongoing challenges in the administrative processes within state universities and the role of the judiciary in upholding accountability. It also brings attention to the rights of contractual employees and the mechanisms available for redressal when institutional responses are lacking.
