Case Note & Summary
The petitioners, four teachers employed at Shri. Deshbhushan High School, Kothali Kuppanwadi, Chikkodi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondents to release their monthly salary from May 2024 onwards, which was allegedly withheld without any justification. The petitioners were appointed as Assistant Teachers and a Physical Education Teacher in the school, which is a private aided institution. The respondents included the State of Karnataka, the Additional Commissioner of Education, the Deputy Director of Public Instructions, the Block Educational Officer, and the school represented by its Head Master. The petitioners contended that despite rendering service, their salaries were not paid from May 2024, causing financial hardship and violating their fundamental right to livelihood under Article 21. The respondents, represented by the High Court Government Pleader and the school's advocate, did not file detailed objections but opposed the petition. The court, after hearing the parties, observed that the withholding of salary without any legal justification is arbitrary and violative of Article 21. The court noted that the petitioners had been working and were entitled to salary for the work done. The court directed the respondents to release the withheld salary within six weeks from the date of the order. The petition was disposed of with the above direction.
Headnote
A) Service Law - Salary - Withholding of Salary - Right to Livelihood - Article 21 of the Constitution of India - Petitioners, teachers in a private aided school, sought mandamus for release of salary withheld from May 2024 onwards - Court held that salary is a fundamental right under Article 21 and its withholding without justification is arbitrary - Directed respondents to release salary within six weeks (Paras 1-3).
Issue of Consideration
Whether the respondents can withhold the monthly salary of the petitioners without any justification and whether the petitioners are entitled to a writ of mandamus for release of salary.
Final Decision
The court allowed the writ petition and directed the respondents to release the withheld salary of the petitioners from May 2024 onwards within six weeks from the date of the order.
Law Points
- Right to salary is a fundamental right under Article 21
- Writ of Mandamus lies for enforcement of salary claims
- Non-payment of salary without authority is arbitrary and violative of Article 14
