Himachal High Court slams NIT Delhi for sitting over employee plea for years
Photo used for indicative purpose only. Source internet
Shimla Nov 12,
In a strong message against bureaucratic complacency, the Himachal Pradesh High Court has ruled that employers cannot use the pretext of delay to deny an employee’s rightful dues when such delay was actually caused by the employer’s own inaction.
A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj dismissed an appeal filed by the National Institute of Technology (NIT), Delhi, upholding an earlier Single Bench order that had quashed the institute’s decision to withdraw a retired employee’s higher grade pay. The Court directed NIT Delhi to reconsider the employee’s case for financial upgradation in accordance with law.
The case, titled National Institute of Technology, Delhi vs. Raj Kamal Verma and others, pertained to the institute’s refusal to extend financial benefits to former employee Raj Kamal Verma, citing that his representation had been filed belatedly. However, the High Court found that Verma had submitted his plea in 2018, and it was NIT Delhi that failed to respond for almost four years, only rejecting his request in January 2022.
“It is not disputed that the representation filed in the year 2018 had never been responded to by the appellant, and only when the rejection order was passed on 28.01.2022, the writ petition came to be filed in July 2022,” the Court observed, adding that the employer “cannot turn around and take the stance that there was delay on the part of the employee.”
Rejecting the institute’s argument that the claim was time-barred, the Bench held that “administrative silence cannot be weaponized against employees”, particularly when the delay stems from the indifference of the authorities themselves. The judgment, legal analysts say, reinforces the principle that fairness and promptness are essential obligations of public institutions dealing with employee grievances, especially those of retirees.
The ruling is expected to have broader implications across government and autonomous bodies, reminding them that justice delayed by them cannot be turned into a justification for denial of justice to others.
By holding NIT Delhi accountable for its prolonged inaction, the Himachal Pradesh High Court has once again underlined the need for administrative responsibility and timely decision-making within public institutions.
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