Introduction:
The Jodhpur bench of the Rajasthan High Court recently issued stern directions to the State Government, warning that salaries of the Principal Secretary of the Health Department, Principal Secretary of the Medical Education Department, and the Principal & Controller of Rajmata Vijaya Raje Scindia Medical College, Bhilwara, would be withheld if the pending salary dues of a biomedical engineer employed at the college were not cleared by February 7, 2025. The petitioner, Rajesh Kumar, a biomedical engineer working at Rajmata Vijaya Raje Scindia Medical College, filed a petition seeking redress for his unpaid salary since April 2023, despite being in continuous service. The Court, presided over by Justice Dinesh Mehta, took serious note of the State’s “callous attitude” in addressing the prolonged non-payment of salary, which had left the petitioner without remuneration for over 20 months.
Arguments by the Petitioner:
The petitioner’s counsel, Mr. Manvendra Singh, assisted by Ms. Saumya Choudhary, contended that Rajesh Kumar had diligently performed his duties as a biomedical engineer but was deprived of his rightful salary. They argued that this violation of fundamental rights under Article 21 of the Constitution, which guarantees the right to livelihood, demonstrated gross neglect by the authorities. The petitioner’s counsel emphasized that the continuous utilization of his services without payment constituted an unlawful and exploitative practice. The petition also highlighted the failure of the relevant departments to comply with previous court directives, further aggravating the petitioner’s financial and mental distress.
Arguments by the Respondents:
On behalf of the State and its authorities, Additional Advocate General Mr. N.S. Rajpurohit, supported by Mr. Sher Singh Rathore, argued that the petitioner’s salary dues were subject to administrative processes. In a prior hearing, the respondents claimed that the petitioner’s salary fell under the jurisdiction of the Medical Education Department, which was not initially made a party to the case. Despite the Court’s directives, the respondents admitted to delays in convening the joint meeting between the Principal Secretaries of the Medical Health Department and Medical Education Department to resolve the matter. They further cited procedural complexities and administrative miscommunication as reasons for the delay in clearing the petitioner’s dues.
Court’s Observations and Judgment:
Justice Dinesh Mehta expressed grave concern over the indifferent attitude displayed by the State authorities, which left an employee unpaid for over 20 months. The Court noted that the respondents failed to comply with its previous order directing a joint meeting between the concerned departments to resolve the issue. Upon examining the minutes of a purported meeting held on January 2, 2025, the Court observed that the Principal Secretary of the Medical Health Department did not participate despite explicit instructions.
In light of the petitioner’s plight and the lack of concrete efforts by the authorities, the Court opined that the State’s approach reflected an alarming disregard for the rights of its employees. It underscored that withholding the petitioner’s salary despite continuous service not only violated fundamental rights but also set a poor precedent for governance and accountability. To ensure compliance, the Court warned that if the petitioner’s pending dues were not cleared by February 7, 2025, the salaries of the Principal Secretary of the Health Department, Principal Secretary of the Medical Education Department, and the Principal & Controller of the medical college would be withheld. The Court deemed this measure necessary to ensure that justice was delivered without further delay.
The case has been listed for further hearing on February 7, 2025, with strict instructions for compliance by the State authorities.