Recovery suit against state.

[Ankur Dogra]

I had worked for a central public sector undertaking . After 6 months of my service , I was terminated , that too, with retrospective effect. The officials had not released my salary for 6 months. I was able to get the copies of my attendence register through RTI. I send several reminders to the officials and also wrote to the chairman but in vain.Can I file a recovery suit against the PSU (state under article 12) for the release of my salary?

[Dr. Ashok Dhamija]

Yes, you can file appropriate proceedings against the PSU if they have not paid you for the work done, without any justifiable reasons.

In fact, not paying for the work done may also be violation of the fundamental right guaranteed under Article 23 of the Constitution, since it is a form of “begar” or “forced labour” as mentioned in that article. Let me point out that unlike most other fundamental rights which are available against “state” only, the fundamental right under Article 23 may be applicable even against a private entity.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ankur Dogra]

Dear Sir,
I have recently received a Caveat Notice from PSU in which they have mentioned that if I challenge my Termination order , I will have to first inform them.Since I am planning to file a writ petition against the PSU in J&K Highcourt. Can I challenge my termination on following grounds?

1. The termination was retrospective i.e. I was given my Termination letter dated in Dec 2016 but in the Order it is mentioned that the termination is w.e.f. Jan 2016.
2. The termination order is signed by an officer who is two ranks subordinate to the appointing Authority.
3.The reason mentioned in termination is false as I have RTI replies to prove it.

[Author]

Posts