Supreme Court of India · 2006-04-25
DEVENDRA KUMAR SINGH vs ADMISTRATOR,BIHAR,COOP.MKT.UN.LTD.&ANR.
- Citation / case number
- SC 2001/13142
- Court
- Supreme Court of India
- Petitioner
- DEVENDRA KUMAR SINGH
- Respondent
- ADMISTRATOR,BIHAR,COOP.MKT.UN.LTD.&ANR.
- Author
- S.B. SINHA
- Bench
- P.P. NAOLEKAR S.B. SINHA
Judgment text excerpt
The Supreme Court held that the legal right of the employee to receive salary from the Bihar State Cooperative Marketing Union Limited (BISCOMAUN) was undisputed, and the Division Bench of the High Court erred in setting aside the Single Judge's order for payment of salary. The Court emphasized that a writ can be issued regardless of the financial condition of the organization, as the obligation to pay salary is a constitutional duty under Article 12 of the Constitution of India. The Court reinstated the order for payment of salary, affirming the employee's right to receive dues without delay.