Shakuntala v. East Delhi Municipalcorporation & ORS

$~A-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) 3731/2020 SHAKUNTALA ..... Petitioner Through Ms. Roopa Nagpal, Advocate versus EAST DELHI MUNICIPAL CORPORATION & ORS.

..... Respondents Through Mr. Harish Khinchi, Advocate

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.06.2020 CM No.13358/2020 (Exemption) Allowed subject to all just exceptions.

Application stands disposed of.

WP(C) 3731/2020 Hearing has been conducted through Video Conferencing. Petitioner was working as a temporary employee with East Delhi Municipal Corporation. Vide order dated 08.04.2015, the services of the Petitioner were regularized and she was brought into regular pay scale Rs. 4440/- to 7440/- along with allowances.

The grievance of the Petitioner is that despite having been regularized in 2015, she has not been paid the arrears of salary, allowances and other benefits in the regular pay scale. Petitioner has made several oral requests to the Respondents, but to no avail. Finally, Petitioner sent a Representation

dated 04.01.2020 to the Respondents requesting for release of arrears of salary, allowances and other benefits in terms of various Pay Commissions. Ms. Roopa Nagpal, learned counsel appearing for the Petitioner submits that the representation is pending since January, 2020 and there has neither been a response to the representation nor her salary in the regular pay scale has been released.

The limited prayer in the present writ petition is for a direction to the Respondents to dispose of the Representation. Issue notice.

Mr. Harish Khinchi accepts notice on behalf of the Respondents and seeks a period of six weeks from today to dispose of the Representation of the Petitioner and assures the Court that the needful will be done within six weeks.

Mr. Harish Khinchi further submits that salary and allowances of the Petitioner in the regular pay scale have been disbursed to the Petitioner, from the date of her regularization and the only dispute is with respect to some arrears.

Ms. Nagpal, learned counsel for the Petitioner, however, disputes this position and submits that not only have the arrears not been cleared but even salary in the above mentioned pay scale has not been paid to the Petitioner. Petition is accordingly disposed of with a direction to the Respondents to decide the Representation of the Petitioner dated 04.01.2020 within a period of six weeks from today.

Needless to state that the order so passed will be communicated to the Petitioner within a period of one week thereafter. In case the Petitioner still has any surviving grievance after the

disposal of the Representation, she is at liberty to take recourse to appropriate remedies available to her in law. It is made clear that while disposing of the Representation, the Respondents will also communicate to the Petitioner the exact calculation of the salary that is being released, including the arrears. JYOTI SINGH, J JUNE 25, 2020 yg