सुप्रीम कोर्ट का अहम फैसला, वेतन-पेंशन पाना सरकारी कर्मचारी का अधिकार

  • सुप्रीम कोर्ट का अहम फैसला, वेतन-पेंशन पाना सरकारी कर्मचारी का अधिकार 
  • माला दीक्षित, नई दिल्ली। सुप्रीम कोर्ट ने अपने एक अहम फैसले में कहा है कि सरकार उचित काम के बदले किसी भी कर्मचारी का वेतन और पेंशन नहीं रोक सकती। वेतन और पेंशन के भुगतान में देरी पर सरकार को उचित ब्याज देना चाहिए। कोर्ट ने आंध्र प्रदेश सरकार को कुछ समय के लिए टाले गए वेतन और पेंशन पर छह फीसद की दर से ब्याज अदा करने का आदेश दिया है। हालांकि हाई कोर्ट ने इस मामले में 12 फीसद ब्याज की दर तय की थी।
  • सुप्रीम कोर्ट का अहम फैसला, वेतन-पेंशन पाना सरकारी कर्मचारी का अधिकार हर महीने की अंतिम तारीख पर वेतन मिलना चाहिए
  • आंध्र प्रदेश सरकार ने कोरोना महामारी के कारण आए वित्तीय संकट को देखते हुए मार्च-अप्रैल 2020 में सरकारी कर्मचारियों का वेतन और पेंशन कुछ समय के लिए टाल दी थी। सरकार ने इस बारे में एक आदेश निकाला था।
  • हालांकि बाद में अप्रैल में सरकार ने तीन विभागों चिकित्सा स्वास्थ्य, पुलिस और सफाई कर्मचारियों का पूरा वेतन बहाल कर दिया और 26 अप्रैल को पेंशनर्स की पूरी पेंशन भी बहाल कर दी। लेकिन इस बीच एक पूर्व जिला एवं सत्र न्यायाधीश ने हाई कोर्ट में रिट याचिका दाखिल की। इसमें उन्होंने कहा कि वेतन और पेंशन पाने को कर्मचारी का अधिकार बताकर रोके गए वेतन और पेंशन के भुगतान की मांग की।
  • हर महीने की अंतिम तारीख पर वेतन मिलना चाहिए
  • हाईकोर्ट ने इस जनहित याचिका पर विस्तृत आदेश पारित किया। हाईकोर्ट ने कहा कि आंध्र प्रदेश फाइनेंसियल कोड के अनुच्छेद 72 के मुताबिक सरकारी कर्मचारियों को हर महीने की अंतिम तारीख पर वेतन मिलना चाहिए। कहा पेंशन भी सिर्फ तब रोकी जा सकती है जब कर्मचारी विभागीय जांच या न्यायिक प्रक्रिया में गंभीर कदाचार का दोषी हो जो कि इस मामले में नहीं है।
  • हाईकोर्ट ने कहा कि वेतन पाना व्यक्ति को संविधान के अनुच्छेद 21 में मिले जीवन के अधिकार और अनुच्छेद 300ए में मिले संपत्ति के अधिकार में आता है। हाईकोर्ट ने आंध्र प्रदेश सरकार को 12 फीसद ब्याज के साथ रोका गया वेतन और पेंशन अदा करने का आदेश दिया था। इस फैसले को आंध्र प्रदेश सरकार ने सुप्रीम कोर्ट में चुनौती दी थी। हालांकि राज्य सरकार ने सिर्फ ब्याज अदा करने के पहलू को ही चुनौती दी थी।
  • वेतन रोकने पर राज्य सरकार ने दी ये दलील
  • राज्य सरकार ने सुप्रीम कोर्ट में दलील दी कि सरकारी कर्मचारियों के वेतन और पेंशन टाले जाने का फैसला कोरोना महामारी के कारण आये वित्तीय संकट के चलते लिया गया था। आदेश जारी होने के बाद जल्द है फ्रंट लाइन वर्कर का वेतन बहाल किया गया। राज्य सरकार ने यह कदम अच्छे इरादे से उठाया था। ऐसे में ब्याज अदा करने का आदेश ठीक नहीं है।
  • राज्य सरकार को देरी से हुए भुगतान पर छह फीसद ब्याज देने का आदेश दिया
  • जस्टिस डीवाई चंद्रचूड़ और एमआर शाह की पीठ ने गत 8 फरवरी को आंध्र सरकार की अपील का निपटारा करते हुए कहा कि टाले गए वेतन और पेंशन की अदायगी के आदेश में कोई गलती नहीं है। नियम कानून के मुताबिक वेतन और पेंशन पाना सरकारी कर्मचारी का अधिकार है। हालांकि कोर्ट ने कहा कि ब्याज की दर 12 फीसद से घटाई जा सकती है।
  • कर्मचारियों के वकील का कहना था कि हाई कोर्ट ने कानून के खिलाफ काम करने पर सरकार पर 12 फीसद की दर से ब्याज लगाया है। सुप्रीम कोर्ट ने इन दलीलों पर कहा कि ब्याज अदा करने को सरकार को दंडित ww जाने के रूप मे नहीं लिया जाना चाहिए। इस बात में कोई दोराय नहीं कि जिस सरकार ने वेतन और पेंशन के भुगतान में देरी की है उसे उचित दर से ब्याज देना चाहिए। कोर्ट ने राज्य सरकार को देरी से हुए भुगतान पर छह फीसद ब्याज देने का आदेश दिया है।

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