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Delay in payments of salary by government department
06-Apr-2023 (In Labour & Service Law)
Sir i am working in a government institution as a teacher on contract basis. The department doesnt pay me regularly.last time it had paid me after long 10 months.now again i havent been paid for almost 1 year.i have given an application to immediate authority for payment before 1 month. Still i have no response from the authority. I dont want to appeal to the hjgher authority as i think they will spoil my annual confidential report (CR) or terminate me from the job.please guide me
The law is settled on the point that it is the duty of the master to make payment of salary to his servant who has performed, and is performing his work. This gives you a corresponding right to recover the arrears of your salary and also claim timely and regular payment of salary in future. Rather this is your fundamental right i.e. right to life and right to live with human dignity, under article 21 of the Indian Constitution.
In such a situation you have a remedy of filing a writ petition under article 226 of the Constitution of India before the High Court, for a Writ of Mandamus against your employer/government institution. The High Court has the power to issue a Writ of Mandamus commanding your master /government institution to make payment of arrears of your salary as well as to ensure that salary is paid to you in a timely manner and regularly in future.
In such a situation you have a remedy of filing a writ petition under article 226 of the Constitution of India before the High Court, for a Writ of Mandamus against your employer/government institution. The High Court has the power to issue a Writ of Mandamus commanding your master /government institution to make payment of arrears of your salary as well as to ensure that salary is paid to you in a timely manner and regularly in future.
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Adv. Nahush Surendrakumar Khubalkar
Nagpur | 25+ Answers
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