Non-payment of salary for last 3 years to the 95 employees of Hardayal Municipal Heritage Public Library – Delhi High Court directed the MCD to release the funds to the library within 15 days

Delhi High Court

09.02.2024

Non-payment of salary for last 3 years to the 95 employees of Hardayal Municipal Heritage Public Library – Delhi High Court directed the MCD to release the funds to the library within 15 days

 

Hardayal Municipal Heritage Public Library is an autonomous body which receives 100% financial aid from the MCD. However, around 95 employees of Hardayal Municipal Heritage Public Library have not been paid salary for last 3 years.

 

The employees, being aggrieved by non-payment of salary, filed a writ petition against the library and MCD before the Delhi High Court. Delhi High Court, vide Order dated 09.02.2024, directed the MCD to release the funds within 15 days. High Court also directed that competent officers of Library as well as MCD to remain present on the next date of hearing. The directive paragraphs of the Order dated 09.02.2024 are reproduced below for ready reference: -

 

“1. Mr. Anuj Aggarwal, learned counsel appearing for the petitioners submits that the non-release of funds by the respondent No.2 – Municipal Corporation of Delhi (‘MCD’) to the respondent No.1 – Hardayal Municipal Heritage Public Library is the reason why the employees of respondent No.1 have not been paid their salaries since April, 2021.

 

2. Mr. Apoorv Upmanyu, learned counsel appearing for respondent No.2 – MCD submits that since the respondent No.1 has not furnished utilisation certificate for the year 2021-22, the release of the funds for a subsequent period, has not been adhered to by the respondent No.2.

 

3. The Competent officer of the respondent No.1 shall ensure that the certificate, as required by the respondent No.2, is furnished along with all other documents, which may be required for such release of funds for the years 2022-23 and 2023-24 within one week from today.

 

4. The respondent No.2 is directed to process the release of funds in respect of the aforesaid years, after the requirement is fulfilled by respondent No.1.

 

5. The entire exercise be completed within fifteen days from the date of receipt of the utilisation certification and other documents, as required from the respondent No.1.

 

6. An affidavit shall be filed within one week of the completion of the entire process, before this Court.

 

7. On the next date of hearing, the responsible officer of the respondent No.1 as also the respondent No.2 shall remain present before this Court to assist this Court, in view of the aforesaid issue.

 

8. List the matter on 15.05.2024.”

 

[Mukesh Sharma & Ors Vs. Hardayal Municipal Heritage Public Library & Ors., Delhi High Court, W.P. (C) No. 10609/2022, Date of Order – 09.02.2024]

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024021617080959032024%20Del%20HC%20-%20Hardayal%20Library.pdf

 

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

Appointment on the post of PGT (Hindi) - “The candidate is a visually handicapped person; if she had submitted the documents manually, there was no reason to reject her candidature on this specious plea that e-dossier had not been uploaded.” – CAT directed Govt. of NCT of Delhi to issue appointment letter

Central Administrative Tribunal, Delhi

17.01.2024

Appointment on the post of PGT (Hindi) - “The candidate is a visually handicapped person; if she had submitted the documents manually, there was no reason to reject her candidature on this specious plea that e-dossier had not been uploaded.” – CAT directed Govt. of NCT of Delhi to issue appointment letter

Pursuant to an advertisement dated 02.02.2012, Ms. Seema applied for appointment on the post of PGT (Hindi) in Directorate of Education, Govt. of NCT of Delhi. She applied under Physically Handicapped (PH) category with Visually Handicapped (VH) as sub-category. DSSSB, however, failed to consider her under PH (VH) category. Being aggrieved, Ms. Seema filed an Original Application [OA No. 4191/2017] before the Central Administrative Tribunal (CAT), Principal Bench, Delhi.

During the pendency of the Original Application, DSSSB rejected the candidature of Ms. Seema on the ground that Ms. Seema has failed to upload her e-dossier. CAT, vide Order dated 17.01.2024, allowed the Original Application and directed the DSSSB/DOE to appoint Ms. Seema on the post of PGT (Hindi). Directive paragraphs of the Order dated 17.01.2024 reads as under: - 

“10. Reservation of posts in Government is provided for in the Rights of Persons with Disabilities Act, 2016. This Act elaborately outlines the principles as also the procedure for providing this reservation. DoP&T has further given detailed guidelines regarding the procedure to be adopted for application of the provisions of this Act. It was incumbent upon the respondents to ensure that the provisions outlined in the Act and outlined subsequently in the DoP&T instructions are adhered to in letter and spirit. In the instant case, the status of the applicant as a person with disability suffering from visual handicap was not disputed nor was it disputed that she has all the relevant documents to establish the same. Further, these documents were submitted to the respondents and they were in their possession in physical form. Mere failure to provide electronic version of the same, could not have been a sufficient ground unless it was established that the applicant was deliberately trying to avoid uploading them. The respondents were obliged to take into consideration not only the peculiar circumstances of the applicant but also her explanation that it was on account of some problem in the virtual system which was preventing her to upload e-dossier. 

11. In the light of what has been detailed and discussed above, the present Original Application is allowed. Respondent No. 1 shall ensure that its recommendations with respect to selection of the applicant as PGT (Hindi) pursuant to vacancy notification of February 2012, along with the necessary documents is sent to Respondent No. 2 within a period of four weeks from the date of receipt of a certified copy of this Order. Respondent No. 2 shall within a period of four weeks, thereafter, ensure that the relevant department and competent authority of Government of NCT of Delhi issues an offer of appointment to the applicant, of course, subject to her fulfilling other eligibility conditions set forth in the Recruitment Rules of the said post. 

12. The date of appointment of the applicant shall be the date on which last of the candidate selected pursuant to the subject vacancy notification was appointed. The consequential benefits as would accrue to the applicant as a result shall be extended in her favour on notional basis from the said date and actual basis with effect from the date she assumes charge of her position. These consequential benefits shall include, but not restricted to, appropriate place in the seniority and fixation of pay and allowances. The arrears of such pay and allowances as the applicant would be entitled to would be released in her favour within a period of twelve weeks from the date of her assuming charge of the position.”

[Seema Vs. DSSSB & Anr., O.A. No. 4191/2017, decided on 17.01.2024, Central Administrative Tribunal, Delhi]

https://advocateanujaggarwal.com/home.php

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024021117076707892024%20CAT%20-%20Seema.pdf

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com