Madhya Pradesh High Court
Pankaj Bhargava vs The State Of Madhya Pradesh on 10 August, 2015
1
W.P. No. 8603/2010.
10/08/2015 .
Shri S.K. Sharma, learned counsel for the
petitioner.
Shri Vikram Johri, learned Panel Lawyer for the
respondents/State.
This petition is listed today for admission. Return has been filed. Relief claimed by the petitioner in this petition is in regard to payment of fellowship to the petitioner in pursuance to the order Annexure P/1. In the return the respondents State stated that they do not received required funds from the central government, hence, they could not pay the amount of fellowship to the petitioner. In this view of the matter, this petition is disposed of finally at the motion hearing stage itself with the consent of the parties.
The petitioner had worked as Junior Research Fellow from 15/12/2005 to 11/06/2009. He was appointed on a project named as "Establishment of Demonstration Plots of Superior Planting Stock of Different Bamboo Species". The petitioner was entitled to get fellowship of Rs. 8500/- per month. Subsequently, the amount was increased. The grievance of the petitioner in this petition is that he has not been paid the fellowship amount although he had worked.
The respondents in the return pleaded that the Central Government granted sanction for the project named above and the entire project was funded by the Central Government, Ministry of Science & Technology, Department of Biotechnology, the respondents could not pay the amount to the petitioner because the central government did not release the fund. The respondents had already written letters to the department of the Central Government in regard to release of funds, however, the funds have not been released. It is further pleaded by the respondents that after receiving full sanctioned 2 W.P. No. 8603/2010.
amount from the Government of India the amount shall be paid to the petitioner.
From the facts of the case, it is clear that the petitioner had performed his duties and he had worked, however, he has not been paid the amount of fellowship which he was legally entitled for, it is arbitrary and illegal. It was obligatory on the part of the Union of India, Ministry of Science & Technology, Department of Biotechnology to release the fund in regard to payment of fellowship amount because without making payment the respondent State cannot take the work from the petitioner, it is against Article 23 of the Constitution of India it amounts to "begar".
In this view of the matter, this writ petition is disposed of with the following directions:
The Union of India, Ministry of Science & Technology, Department of Biotechnology is directed to release the required funds in favour of the respondent no. 1 within a period of three months the fellowship amount which is due to be paid to the petitioner within four weeks after receiving the fund immediately by the respondent, failing which appropriate action shall be taken against the person concerned. No order as to costs.
Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA