4 min readNew DelhiApr 30, 2026 12:37 PM ISTAllahabad high Court granted relief to the petitioner. (Image generated using AI)Directing the payment of regular salary to a clerk, the Allahabad High Court recently observed that non-payment of salary for work taken from an employee violates Article 21 of the Constitution and amounts to exploitation.Justice Irshad Ali made the observation while dealing with a plea alleging that, despite rendering continuous service, no payment was made.“Where the employer has taken work from an employee for long years, the State cannot deny salary on hyper-technical grounds. Non-payment of salary for work taken is violative of Articles 14 and 21 of the Constitution of India and amounts to exploitation,” the court noted in its order dated April 23. Justice Irshad AliNo salary paidAn institution had submitted a proposal for the creation and sanction of necessary posts, including clerical staff, however, no decision was taken by the competent authority. To maintain the proper functioning of the institution, the management initiated a recruitment process by issuing an advertisement in the newspapers. Thereafter, the selection committee selected petitioner for the post of clerk.However, despite continuously discharging duties, no salary was paid to the petitioner from the state exchequer.Counsel for the petitioner submitted that the petitioner’s appointment was made in anticipation of the sanction of posts, though no formal order sanctioning such posts has been issued to date. It was argued that the committee of management proceeded on the expectation that the posts would eventually be sanctioned and, on that basis, appointed the petitioner to a Class III position.It was further contended that the respondents’ action in withholding the petitioner’s salary is arbitrary, illegal, and unjustifiable in law.Story continues below this adThe counsel for the respondents pointed out that there was no sanction post against which the petitioner had claimed appointment, and no approval was granted to the appointment of the petitioner.Also Read | Punjab and Haryana HC flags ‘institutional exploitation’ of part-time sweeper working since 1986, seeks reply from Haryana‘Not illegal appointment’The court noted that the petitioner was appointed after issuance of a public advertisement and a due selection process by a duly constituted selection committee.It added that the procedure adopted by the committee of management satisfies the requirement of transparency and fairness and cannot be said to be a back-door entry.“The appointment, therefore, falls within the category of at best an “irregular” appointment and not an “illegal” one,” the court observed.It remarked that the petitioner continuously discharged duties on the post of clerk since, and the respondents did not dispute the factum of work being taken from him.“The only ground for denial of salary is absence of sanctioned post and formal approval. Such a stand, in the facts of the present case, cannot be accepted inasmuch as the institution itself had moved proposal for sanction of posts as far back as in the year 1998, followed by repeated reminders, but the competent authority failed to take any decision,” the court held.In a strongly worded observation, the court said that the inaction from respondents in not deciding on the proposal for sanction of posts for decades, despite the continuous requirement of clerical staff, reflected arbitrariness.“The State, being a model employer, cannot take advantage of its own inaction and deny legitimate dues to an employee who has been continuously serving the institution,” the court noted.Court’s directionsRelying on a catena of judgments, the court allowed the plea and passed the following directions-The respondents is directed to ensure payment of the regular salary to the petitioner on the post of clerk from the state exchequer;Release arrears of salary to the petitioner within a period of three months from the date of production of a certified copy of this order;Take a reasoned decision with regard to the sanction of the post of clerk, if not already sanctioned, within a period of three months;Not to interfere in the functioning of petitioner as clerk, provided he continues to discharge duties.The court clarified that the respondents shall not deny the benefits on the ground of non-sanction of post when the petitioner has continuously worked for long years and the requirement of the post is evident. Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... 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