Prof. Shreekant Gupta Versus University of Delhi
Court / Forum : Delhi High Court
Citation : LPA 155/2020
Coram : Justice Manmohan and Justice Sanjeev Narula
Subject : Deduction of salary for PM CARES Fund
Date of Decision : June 16, 2020
Brief Facts
- The Appellant who was a professor in University of Delhi had filed a writ petition challenging the deduction of one day salary by the Respondent for contributing to the PM CARES Fund to combat COVID-19 pandemic
- The Appellant contended that the Respondent had deducted day’s salary even in respect of those employees who had expressed their desire not to make a contribution and that voluntary contribution cannot be deducted without anyone’s consent. The single bench of the Hon’ble High Court dismissed the writ petition vide order dated May 12, 2020.
- Aggrieved by the said order, Appellants preferred the present Appeal.
Issues
- Whether the Respondent can deduct salary of its employees for making contribution to PM CARES Fund?
Decision
- The Hon’ble High Court held that the deduction of one day’s salary of the Appellant (i.e. Rs.7,500/-) cannot be said to be contrary to public interest or harsh or inequitable.
- The Hon’ble High Court also observed that a writ petition is not a statutory proceeding and a Court is not bound to entertain and allow the same if the cause espoused by the petitioner is contrary to public interest, which was the case in the present matter.
- Accordingly, the Hon’ble High Court dismissed the Appeal with liberty to the Appellant to file a suit for recovery.
