Nagaland PWD directed to release admissible salary arrears
Morung Express News
Dimapur | November 14
The Gauhati High Court’s Kohima Bench has held that the mere pendency of a criminal case does not automatically disentitle a government employee from receiving salary, directing the Nagaland Public Works Department (NPWD) to verify service and attendance records and release admissible salary arrears.
Accordingly, in an order dated November 13, Justice Budi Habung set aside a departmental communication requiring the employee to produce an acquittal order before the salary claim could be considered.
The case concerned a Lower Division Assistant (LDA) cum Computer Assistant under the PWD (R&B), Mangkolemba Division, Mokokchung, who sought release of unpaid salary and arrears from April 2024.
The employee was arrested in December 2023 in connection with Chozuba Police Station Case No. 016/2023 and released on bail in March 2024. The criminal case is currently pending trial before the Judicial Magistrate First Class, Phek.
The petitioner contended that duty had been resumed in April 2024 and official responsibilities continued to be discharged, despite which the salary remained unpaid.
After approaching the competent authorities seeking release of the salary, the petitioner was informed through a communication dated September 12, 2024, issued by the Engineer-in-Chief, NPWD, that the claim could be considered only upon furnishing an acquittal order from the Court of the Judicial Magistrate First Class, Phek.
The petitioner subsequently moved the High Court through a writ petition.
The State respondents did not specifically dispute the resumption of duty and also admitted that no suspension order or other order under the applicable service rules authorising withholding of salary had been placed before the Court.
The Court observed that criminal proceedings and entitlement to salary for duties actually performed are separate matters.
“It is well settled that mere pendency of the criminal case against a government employee does not automatically disentitle him from receiving salary,” it stated.
The Bench further observed that where an employee has been permitted to resume duty and the department has utilised the services without objection, salary cannot ordinarily be withheld merely because a criminal case remains pending.
It clarified that the department may take appropriate action under applicable service rules but cannot withhold salary indefinitely or make acquittal a precondition for payment for duties actually performed.
The Court directed the authorities to verify the service and attendance records from April 2024 onwards, ascertain the period during which duties were actually performed and release admissible salary arrears, subject to lawful deductions.
The exercise of verification and payment of arrears must be completed within five months of receipt of the certified copy of the order. The monthly salary is to be worked out and released from December 2026, it directed, disposing of the writ petition.
