Dulari v. East Delhi Municipal Corporation Through The Commissioner & ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3808/2020 DULARI .....Petitioner Through:

Ms Roopa Nagpal Advocate.

versus EAST DELHI MUNICIPAL CORPORATION THROUGH THE COMMISSIONER & ANR. ..... Respondents Through:

Mr Kapitl Dutta, Advocate for Mr Harish Khinchi, Advocate.

.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.06.2020

1. The hearing was conducted through video conferencing. CM APPLN. 13646/2020 (Exemption)

2. Allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 3808/2020

3. Issue notice.

4. The learned counsel for the parties as mentioned above accepts notice.

5. At joint request of the parties, the petition is taken up for disposal.

6. The petitioner worked with the respondent Corporation as a daily wager between 1995 and 2007. Subsequently, in terms of the extended policy, she was regularized on 07.03.2011. The respondent Corporation confirmed the appointment of the petitioner as a regular employee and an appropriate order in this regard fixing the petitioner‟s salary was issued on 13.12.2011. She was issued an identity card as a „Swachta Karamchari'. It is the petitioner‟s

contention that despite the said regularization, her salary as per the regular pay scale has not been released and she continues to be paid salary/wages of a temporary employee. Her request to the Corporation in particular, her representation dated 04.01.2020 has not yielded any response and she has been deprived of her monies due for the past many months.

7. In the circumstances, the petition is disposed off with the direction to the respondent-Corporation to treat this petition as the petitioner‟s representation and pass appropriate orders within eight weeks from receipt of a copy of this order and intimate the decision to the petitioner promptly. The order of the Corporation shall incorporate the computation of the amounts due to the petitioner. If monies are to be paid to the petitioner as per the said order/computation, the same shall be paid to her, within two weeks from the date of the said order. If the petitioner is aggrieved by the order of the Corporation, it will be open to her to take recourse to the appropriate remedies as may be available in law.

8. The writ petition is disposed off in the above terms.

9. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JUNE 30, 2020/rd