The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Dharwad bench of the Karnataka High Court has pulled up the state government for withholding the salaries of staff at the Basaveshwar Engineering College, Bagalkot, an aided institution.
Justice M Nagaprasanna has directed the state government to release the salaries within seven days and said that even a day later than that shall carry a 6 per cent interest per annum, from the date it is withheld, till the date of payment.
On June 29, 2024, the Joint Director, Technical Education Department had transferred six employees of BVB Engineering College, Hubballi to the petitioner institution, Basaveshwar Engineering College, Bagalkot. When Basaveshwar Engineering College responded expressing its inability to accommodate transferred staff, the state government stopped the salary to all the employees working in the petitioner’s Institution.
The petitioner institution argued that deployment of employees from other institutions can only happen after consultation. It further said that no institution can be forced to take the employees who have become excess in other aided institutions.
On the other hand, the government advocate submitted that as per Clause 9(A) of the Grant-in-Aid Code of the Karnataka Technical Education Department, the managements are bound to follow the orders issued by the state government.
Justice Nagaprasanna noted that the state is arm-twisting the petitioner institution by drawing power from Clause 9(A) of the Code. The court said that while there is no bar to depute, it has to be over consultation and not forced upon any institution.
“It is highly uncouth on the part of the State to stop the salaries of the existing teachers, as an arm-twisting tactic, making the petitioner’s Institution to obey the orders. This action of the State, making someone work without payment of salary, would amount to ‘begar’ and hit by Article 23 of the Constitution of India. The State cannot be seen to practice ‘begar’ taking shelter under an unavailable power, to arm twist the petitioner,” Justice Nagaprasanna said.
The court further said, “The effect of the order impugned in the subject petition does not stop at prejudice being caused to the petitioners. It has left the fate of those deputed also marooned in thin air, as there are several petitions filed before this Court seeking a direction to permit those deputed to join duties in the petitioner’s Institution or any other Institution in terms of the impugned order. They are also not paid salaries for the last 6 months. Therefore, the State has created a mess by passing the impugned order and trying to drop its might on the poor teachers by withholding the salary of both the petitioners or the ones who have been deployed now. It is highly unbecoming on the part of the State.”