Court directs Bihar Civil Aviation Department to pay remuneration for extra one month and ten days worked without prior approval, emphasizing benefit derived by State and emergent duty
In a significant judgment delivered on October 5, 2026, the Patna High Court ruled in favor of Mrs. Nirmala Devi, the widow of a retired Chief Aircraft Engineer, directing the State of Bihar's Civil Aviation Department to pay remuneration for the period her husband worked beyond his contractual term. The court recognized that although the extended work period lacked formal approval, the services were rendered with the knowledge of the department and in emergent circumstances, thereby entitling the petitioner to the unpaid salary.
The petitioner's late husband was initially appointed on a contractual basis for five years after his retirement from the post of Chief Aircraft Engineer on December 31, 1998. His contract was later modified in 2008. Despite the contract's expiry on March 20, 2011, he continued to work until April 30, 2011, performing crucial duties related to the special inspection and maintenance of the State Aircraft in Mumbai. The Civil Aviation Department availed of his services during this period but denied payment on technical grounds, citing the absence of prior approval for the extended service.
The petitioner filed a writ petition challenging the denial of remuneration. The department's appellate authorities upheld the refusal, maintaining that no payment was due since the additional service period was unauthorized. However, the High Court examined the facts and noted that the department had in fact accepted and benefited from the petitioner's husband's services during the disputed period. There was no dispute that he had worked beyond the contract term; the only issue was the lack of formal sanction.
Justice Dr. Anshuman emphasized that the State cannot evade payment for services actually rendered, especially in emergent situations where the work was knowingly accepted. The court held that the absence of prior approval cannot be a ground to deny remuneration when the department has derived benefit from the services. Consequently, the court ordered the Principal Secretary of the Cabinet Secretariat, Civil Aviation Department, Government of Bihar, to pay the petitioner the salary due for one month and ten days within 60 days of the order.
This ruling underscores the principle that contractual employees who continue to serve beyond their contract period under emergent circumstances and with departmental knowledge are entitled to fair remuneration. Furthermore, it affirms the right of legal heirs to claim unpaid dues of deceased employees, reinforcing the protection of workers' rights under the Indian legal framework.
Bottom Line:
Contractual employee having worked beyond contractual period in emergent circumstances with knowledge of department is entitled to remuneration for such period; after his death, widow is entitled to receive the unpaid amount.
Statutory provision(s):
Constitution of India, 1950 Article 226
Nirmala Devi v. State of Bihar, (Patna) : Law Finder Doc Id # 2996363
