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Synopsis

In a significant pronouncement, the Central Administrative Tribunal (CAT) in Srinagar emphasised the fundamental importance of employee salaries not just as an individual entitlement but as a vital support for their families.

A division bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), reiterated this stance during proceedings involving the case of Ghulam Nabi Bhat, a helper in the Forest Department, who had filed a plea concerning his unpaid regular salary.

The tribunal underscored, "True it is that salary is the right of employees but at the same time, it is the right of their children and family as well, as the bread and butter of the family are dependent on the earnings of the employee.”

Bhat's services were regularized under a government order dated September 22, 2023, pursuant to SRO 64 of 1994, aligning with the decision rendered in LPA No 112 of 2020. Despite the regularization, Bhat lamented the non-payment of his legitimate salary for the past six months, leading to severe financial distress for his family.

Quoting established legal principles, the tribunal affirmed, "Once a person is working, he has to be paid his legitimate salary." It was further noted that, “Depriving an employee of his legitimate due salary would not only be depriving the person but at the same time would be depriving his family. The family in such a situation is in more distress than the bread earner”

However, complications arose as a compliance affidavit, supported by T Rabi Kumar, IFS, indicated ongoing legal proceedings against Bhat, with a report awaited from the Crime Branch, Kashmir.

Responding to this, senior counsel B A Bashir, representing Bhat, questioned the rationale behind withholding Bhat's salary, stressing that legal proceedings shouldn't impede the disbursement of rightfully earned wages. It was contended that, “even if so that an FIR has been registered does it mean that the petitioner will be deprived of his legitimately earned due salary once he has been rightly appointed by the competent authority.”

The tribunal acknowledged Bashir's arguments and granted permission to submit relevant communications between the CID and the Forest Department.

Meanwhile, Deputy Advocate General Bikram Deep Singh, representing the government, informed the tribunal that wages amounting to Rs 55,669 had been disbursed to Bhat during the pendency of the petition. However, the petitioner's counsel contested the validity of the wage bill report, alleging non-compliance with previous court orders.

In light of the arguments presented, the CAT directed the government counsel to furnish a supplementary affidavit, clarifying the government's stance vis-à-vis the additional documents to be submitted by senior counsel Bashir.

In an unusual move, the Chief Conservator of Forests was ordered to appear before the tribunal either in person or via virtual mode. Additionally, T Rabi Kumar, IFS, was directed to be present in person due to the unique circumstances of the case, with his presence deemed essential for a just resolution.

The compliance report was also instructed to be submitted, ensuring transparency and accountability in the proceedings.

The case is scheduled for further deliberation on April 3.

 

Cause Title: GHULAM NABI BHAT Vs FOREST DEPARTMENT [O.A./13/2024]