Right to salary a fundamental right: Delhi HC

Delhi High Court

New Delhi, Jan 20 : The Delhi High Court has pulled up the municipal corporations for the non-payment of salaries and pensions to their employees, noting that paucity of funds cannot be an excuse and that right to receive pay is a fundamental right enshrined under the Constitution of India.

A division bench of Justice Vipin Sanghi and Rekha Palli was hearing a batch of petitions in relation to the non-payment of salaries and pensions to the employees of Delhi municipal corporations, particularly North Delhi Municipal Corporation (NrDMC) and East Delhi Municipal Corporation (EDMC).

“Reason assigned for non-payment of timely salaries is stated to be paucity of funds which, as is well settled, cannot be an excuse for non-payment, keeping in view the fact that the right to receive salary and pension is a fundamental right enshrined under Article 21 of Constitution and non-payment would have direct bearing on quality of life,” the court stated.

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