“Toil Without Wages Strikes At Heart Of Human Dignity”: Karnataka High Court Directs Release Of 19 Months' Pending Salary To Govt Teachers

In a case concerning government teachers who had not been paid their salaries for 19 months, the Karnataka High Court recently said, “To force these teachers or indeed any employee, to toil without wages strikes at the very heart of human dignity and stands in stark violation of Article 23 of the Constitution of India, which proscribes begar in all its forms.”

Justice M. Nagaprasanna made this observation while allowing a petition filed by four teachers of a government-aided school who were not paid their salaries for 19 months. The bench directed, “The second respondent to release the salaries of the petitioners from May, 2024 to till this date, on or before 04.12.2025. In the event, the salaries are not released on or before 04.12.2025, the petitioners become entitled to cost of litigation at Rs.25,000/- each.”

On 16.05.2024, it transpired that the State withheld salaries, which the petitioners alleged was without any rhyme or reason. Challenging this action, the petitioners approached the Court in W.P.No.104223/2024. A coordinate bench of the Court granted an interim order staying the communication directing the withholding of the petitioners' salaries on 23.07.2024.

After the grant of the interim order in the aforesaid writ petition, a show-cause notice was issued to the petitioners as to why their appointments should not be cancelled. This was challenged by the petitioners in W.P.No.105048/2024. Another coordinate bench directed the respondents not to precipitate the matter against the petitioners, in terms of an interim order dated 28.08.2024.

Subsequently, an order of cancellation of the petitioners' appointments and a direction to relieve them from service on 12.09.2024 was passed. The petitioners challenged it before the Appellate Authority, which set aside the order and remitted the matter back for reconsideration. On reconsideration, the same order was again passed. This was challenged in the High Court, which, by way of an interim order, directed that the status quo be maintained.

The petitioners argued that they had been working continuously from May 2024 till date. The Muster Roll, marking their attendance every day from May 2024 onwards, was placed on record. Representations submitted to the respondents for release of their salaries had not been decided.

The government contended that since writ petitions were pending, the salaries could not be paid.

The bench, after reviewing the record, observed, “Teachers have been compelled to render services in the fifth respondent – School without any remuneration whatsoever from the said date. The liability to pay salary to the petitioners squarely rests upon the State is a matter beyond contest.”

Stating further, “State has practised begar by non-payment of salary to these petitioners for over 19 months, as the teachers have been made to work without salary. The State's defence, resting solely on the pendency of the writ proceedings, is wholly untenable and bereft of any legal justification.”

The Court opined, “It is trite that no individual engaged in any form by anyone, much less in public service, can be driven to work, under the yoke of unpaid labour.”

It then held, “In the light of the admitted and incontrovertible position that the petitioners have continued to serve the fifth respondent – School since May, 2024, the petition must necessarily succeed – with a direction that their long-withheld salaries be released within 04.12.2025.”

Appearance: Advocate Vaibhavi Inamdar for Petitioners.

HCGP Girija S Hiremath FOR R1 TO R4.

Advocate Kishor S Sutar for R5.

Citation No: 2025 LiveLaw (Kar) 397

Case Title: ANIL S/O. MALLAPPA KANAWADE & Others AND THE STATE OF KARNATAKA & Others

Case No: WRIT PETITION NO. 104367 OF 2025

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