Supreme Court of India · 2006-04-25
Devendra Kumar Singh vs Administrator, Bihar Coop. Mkt. Un. ...
- Court
- Supreme Court of India
- Petitioner
- Devendra Kumar Singh
- Respondent
- Administrator, Bihar Coop. Mkt. Un. ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.P. Naolekar
Judgment text excerpt
The Supreme Court held that the legal right of the employee to receive salary from BISCOMAUN, as recognized under Article 12 of the Constitution of India, cannot be denied despite the organization's financial difficulties. The Court criticized the Division Bench's decision to set aside the Single Judge's order for salary payment, emphasizing that the inability of the State to comply with its obligations does not negate the employee's entitlement. The Court upheld the Single Judge's ruling, reinforcing the principle that a citizen's right to relief must be honored even in cases of administrative failure.