Leela v. East Delhi Municipal Corporation & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10693/2016, CM No. 5029/2017 LEELA ..... Petitioner Through:

Mr. Sunil Kumar and Mr. Manmohan, Advs.

versus EAST DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Amrit Pal Singh, Standing Counsel for EDMC.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 02.05.2019 This petition has been filed by the petitioner with the following prayers:

"In the light of above noted facts and grounds it is most humbly prayed that this Hon'ble Court may be pleased to: - a.

Issue a writ of writs in the nature of mandamus directing the respondents to immediately release the amount of arrear of rupees 10,2,448/- pending since 01/04/2004 and b.

Issue a writ or writs in the nature of writ of mandamus directing the respondents to release the 25% arrear forthwith and c.

Issue a writ or writs in the nature of action against the erring officìals of respondent no. 1 who delayed the payment of the petitioner.

d.

Any other relief (s), which this Hon'ble Court may deem fit and proper as the facts and circumstances, may kindly be passed in favour of the petitioners, in the interest of justice.

Respondents in their status report have stated as under: "2.

That the present writ petition has been filed by the petitioner and sought relief that to release the amount of arrear of Rs.10,02,448/- and also prayer to release the 25% arrear forthwith.

3.

That the respondents / EDMC has already passed the bill of the petitioner as arrear of Rs.12,04,174/- in the month of Jan, 2017. However, the said arrear bill of the petitioner has not been released due to scarcity of funds. It is further submitted that even necessary and unavoidable payment of the respondent employees such as medicines, essential hospital items, pension, medical reimbursement, salary etc. are also pending.

4.

That as per the order of the competent authority the 25% arrear of the petitioner has already been released by the respondent EDMC.

8.

That the remaining 75% of the petitioner will be release once the financial position of the EDMC improved."

From the above, it is noted that it is a conceded case of the respondents that 75% of the arrears have to be released to the petitioner. The affidavit only says that 75% of the arrears shall be released when the financial position of the corporation gets improved. This is uncalled for. I also note that 25% of the arrears of salary were released in the month of January, 2017. That apart I note that Division Bench in a batch of writ petitions including a Contempt Petition on February 5, 2019 has directed

that GNCTD shall release amounts to the East Delhi Municipal Corporation and the North Delhi Municipal Corporation to make payments to their employees. It was further directed that East Delhi Municipal Corporation shall make payment of unpaid salary / pension to its employees within a week from that day, if required, by utilizing the funds of other heads. From the above, it is clear that in terms of the order of the Division Bench unpaid salary was to be paid to the employees within a week from that day and the 75% of the arrears which the petitioner is seeking are the unpaid salary payable to the petitioner.

If that be so, a direction is issued to the respondents to release the balance 75% of the arrears to the petitioner within a period of within six weeks from today.

The petition stands disposed of.

Dasti.

CM No. 5029/2017 Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 02, 2019/jg