Non-payment of salary amounts to violation of life and liberty

Coming to the rescue of a university teacher, the Delhi high court has said non-payment of salary to public servants amount to deprivation of his right of life and liberty guaranteed under the Constitution.
    
Justice SN Aggarwal passed the order on the plea of professor Devendra Mishra of Delhi University that it kept taking work from him without paying any salary or remuneration.
    
"This, in the opinion of this Court, amounts to denial of basic human rights of a citizen and would also amount to deprivation of his life and liberty guaranteed to every citizen under Article 21 of the Constitution of India," justice Aggarwal said.

Observing that a salaried person by and large depends upon the pay, the court declared Mishra, a Sanskrit professor, in the deemed service till attaining the age of 65 years and directed the University to pay all emoluments within eight weeks.

The court also imposed a fine of Rs 50,000 on the University.
    
Justice Aggarwal also rapped the University for not performing its statutory duty of considering Mishra's case for re-employment as per government's circular.

Mishra, who was to retire on January 31, 2007, has applied for re-employment on which the University permitted him to continue.

In the meantime, the Centre had issued a circular raising age of superannuation for universities' teachers to 65 years on March 23, 2007.

The University, on June 20, 2007 had denied Mishra re-employment but let him continue teaching works.