'Shocking': MP High Court On State Withholding Honorarium Of Health Coordinators Who Worked During Covid-19 Despite Expiry Of Contract

The Gwalior Bench of Madhya Pradesh High Court has criticized the State authorities for denying honorarium to Early Childhood Care and Education Coordinators within the Child Development Project, who were compelled to work during the Covid-19 Pandemic even after their contractual period was over.A single judge bench of Justice Gurpal Singh Ahluwalia observed, “It is really shocking that when the services of petitioners were required by the State of Madhya Pradesh in view of the COVID-19 pandemic as the lives of citizens were in danger, then respondents compelled the petitioners to work in the field for the mankind. Now, they have refused to pay the honorarium to them on the ground that notices have been issued to the officers who allowed them to work even after the completion of their contractual period. If the officers had allowed or compelled the petitioners to work in the field for the safety of people, specifically when the country was fighting hard against the COVID-19 pandemic, then such an action of the officers cannot be said to be contrary to law or mala fide. Instead of praising the petitioners, who put their lives in danger, respondents have deprived them of their honorarium.”The petition was filed under Article 226 of the Constitution seeking direction to respondent-State authorities to make payment of honorarium to the petitioners from 01.04.2020 to Actual working of the petitioners with the interest of 12% p.a.The counsel for petitioners submitted that in the month of May 2015, an advertisement was issued in the State of Madhya Pradesh for filling up 453 posts of ECCE (Early Childhood Care and Education Coordinator), Child Development Project, on a monthly honorarium of Rs.35000/-.The tenure of petitioners was renewable after every one year and it was renewed up to 31.03.2020. However, before the term of petitioner could come to an end, a nationwide lockdown was imposed on account of the COVID-19 pandemic. Thereafter, a notification was issued by the Public Health and Family Welfare Department, State of Madhya Pradesh through which the petitioner and other employees were directed to take care of patients in hospitals and perform other public duties during the COVID-19 pandemic. Thereafter, by various orders, petitioners were directed to work in different capacities, including work for distribution of food items to labourers and other needy persons.The counsel further submitted that petitioner No.1 worked until July 2020, whereas other petitioners worked up to September 2020. However, respondents did not pay honorarium to petitioners for the work performed by them during the COVID-19 pandemic.The Respondents submitted that the original term of petitioners had come to an end on March 31, 2020. However, they were allowed to work even after the completion of their term. Thus, notices were issued to respective Child Development Project Officers calling for explanation as to how the petitioners were allowed to work without renewal of their contractual period.After hearing the parties, the Court acknowledged that paramedical forces as well as police forces, took up the task of saving the lives of people, by risking their own lives during the Covid-19 pandemic. However, the respondents even after compelling the petitioners to work during such harsh times, have refused to pay the honorarium to them on the ground that notices have been issued to the officers who allowed them to work even after the completion of their contractual period.The Court said that if the officers had allowed or compelled the petitioners to work in the field for the safety of people, such action cannot be said to be contrary to law. “Although it is for the State Government to decide whether the services of petitioners were required or not, but since petitioners were compelled to work during the COVID-19 pandemic, respondents cannot run away from their liability to pay the honorarium to the petitioners.”, the Court said.Thus, the Court directed the respondents to pay honorarium to petitioners from 01.04.2020 till they actually worked in the field within a period of 2 months and delayed payment of the same shall carry interest at the rate of 6% per annum. The petition was hence, allowed.Case Title: Dr. Leela Mittal And Others Versus The State Of Madhya Pradesh And Others, Writ Petition No. 27858 Of 2022Citation: 2025 LiveLaw (MP) 53Click Here To Read/Download Order

'Shocking': MP High Court On State Withholding Honorarium Of Health Coordinators Who Worked During Covid-19 Despite Expiry Of Contract

Anukriti Mishra