Central Administrative Tribunal - Delhi
Sanjay vs Municipal Corporation Of Delhi on 16 April, 2025
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OA No.399 of 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No.399/2024
Reserved on: 07.04.2025
Pronounced on: 16.04.2025
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER (J)
Sh. Sanjay (BMID No.52205521),
S/o Raghubir,
House No.702, Poll No.47,
Balmiki Mohalla, Mundka,
Delhi - 110 041.
...Applicant
-Versus-
1. Commissioner,
Delhi Municipal Corporation,
Dr. S.P.M. Civic Centre,
Minto Road,
New Delhi - 110 002.
2. Deputy Commissioner,
Delhi Municipal Corporation,
In front of Police Station Narela,
Narela Zone, Delhi - 110 040.
3. Assistant Commissioner,
Delhi Municipal Corporation,
Narela Zone, MDR-138, Rajeev Colony,
Swatantra Nagar, Narela,
Delhi - 110 040.
4. Office of the Sanitation Superintendent,
DEMS/Narela Zone,
MDR-138, Rajeev Colony,
Swatantra Nagar, Narela,
Delhi - 110 040.
...Respondents
For Applicant: Mr. Bikrama Sah, Advocate.
For Respondents: Ms. Nidhi Kumar, Advocate for Dr. Divya
Swami, Standing Counsel for MCD.
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OA No.399 of 2024
ORDER
AS PER AJAY PRATAP SINGH, MEMBER JUDICIAL:
Heard the parties with consent.
2. Applicant is working as regular Swachta Karamchari in Municipal Corporation of Delhi by means of this Application has invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking direction to the respondents to release the pay and arrears Rs.12,63,600/- along with interest @ 12% per annum from 01.09.2014 till actual payment and also calculate arrears on account of upgradation from non- Matric to Matric class scale as per the Scheme.
FACTS IN BRIEF
3. Briefly stated facts, as adumbrated by the applicant in the OA that applicant was engaged as a sanitary worker on 31.03.1998 and vide Office Order dated 23.06.2014, respondents taken decision and moved proposal for regularization of service in pay scale of Rs.2550- 3200 (pre-revised) and found medically fit in June, 2014. The respondents issued substantive appointment order dated 01.07.2024 (Annexure A-5), regularization of service of the applicant as regular Swachata Karamchari (regular Sanitation Worker) in pay scale of Rs.2550-3200 (pre-revised) notionally w.e.f. 01.04.2004. The substantive appointment order dated 03.07.2014 was issued notionally w.e.f. 01.04.2014 in reference to Order dated 12.06.2014 and joined duty as regular Sanitation Worker w.e.f. 02.07.2014 (Annexure A-6).
4. The case of the applicant as projected in the OA that respondents calculated arrears of salary as per pre-revised pay scale for a period from 01.04.2004 to 31.08.2014 in pay scale of Rs.2550- 3200 amounting to Rs.12,63,600 (Rupees Twelve Lacs Sixty three thousand and six hundred only) and not included non-matric arrears as applicant already attended classes for upgradation of pays scale equivalent to matric class pay scale.
3 OA No.399 of 20245. Per contra, respondents have contested the claim of the applicant by filing counter-reply affidavit stating that vide Order dated 01.07.2014 (Annexure A-5) applicant was appointed as regular Sanitation Worker w.e.f. 01.04.2004 after accepting all terms and conditions of regularization and entitled for wages of a regular sanitation worker w.e.f. 01.04.2004 till 31.08.2014 and arrears towards regularization inclusive of non-matric arrears from 01.04.2004 to 31.08.2014 amount to the tune of Rs.8,82,531/- and net amount Rs.6,64,713/- and 7th CPC arrears Rs.28,221 and total net amount payable is Rs.6,64,713 after deductions towards GIS Rs.1460/-, Income Tax Rs.88,000/-, contribution towards NPS Rs.1,28,358. . So also duly approved bills and calculation sheet verified and signed by appropriate authority in accounts department as evident from service record filed as Annexure R-1 with the counter reply affidavit.
6. Rejoinder has been filed by the applicant denying averments made in the counter reply that respondents vide detailed calculation prepared bill Rs.12,63,600 vide Annexure A-7, regularization arrears of salary from 01.04.2004 to 31.08.2014 and same is not inclusive of arrears of non-matric arrears. The applicant denied calculations as given in service record with reply as Annexure R-1, gross amount Rs.8,82,531/- and net amount Rs.6,64,713/- to be paid.
7. The matter was on board on 03.04.2025 and respondents denied claim of applicant to Rs.12,63,600 as per Annexure A-7 with OA, the calculation of difference of arrears bill from 01.04.2004 to 31.08.2014 to tune of Rs.12,63,600/-. The respondents stated that as per their calculation applicant is entitled for arrears from 01.04.2004 to 31.08.2014 to the tune of Rs.8,82,531/- (Rupees Eight Lacs Eighty Two thousand Five hundred and thirty one only) based on actual work done.
8. Respondents have filed additional counter affidavit dated 05.04.2025 and placed on record clarifications to explain difference of arrears calculated and categorically stated that calculations of difference of arrears vide Annexure A-7 are not admissible in evidence being just notings and procured by the applicant and same 4 OA No.399 of 2024 are internal notings whereas approved bills and calculation sheet marked as Annexure R-1 with reply and service book annexed with additional reply are authentic documents.
SUBMISSIONS
9. Learned counsel for applicant submitted with vehemence that vide Office Order dated 01.07.2014 applicant considered notionally w.e.f. 01.04.2004 for regularization of appointment and regular Sanitation Worker in pay scale of Rs.2550-3200 (pre-revised) and joined on 02.07.20214. So also respondents prepared difference of arrears of bill of the applicant from 01.04.2004 to 31.08.2014 to tune of Rs.12,63,600, excluding arrears of non-matric category and applicant is entitled for matric category arrears as per calculation of bills vide Annexure A-7 with OA. So far as reply of respondents in counter affidavit dated 07.05.2024, approved bills with calculation sheet based on actual working to arrears of Rs.8,82,531 (Annexure R-1 with additional reply) is not acceptable as same does not include arrears towards non-matric claim of applicant.
10. Learned counsel for the applicant also submits that respondents have produced calculation sheet on behalf of the management with total amount of Rs.7,27,934/- payable to the applicant. Mr. Bikrama Sah, learned counsel for applicant also submits on instructions that applicant would be satisfied if direction is issued to respondents to accordingly make payments to the applicant, within three months with interest at the GPF rate as he is in dire need of arrears dues for marriage of his daughter.
11. Ms. Nidhi Kumar, learned counsel for respondents vociferously canvassed that applicant is not entitled for any payment as per difference of arrears bills from 01.04.2004 to 31.08.2014 (Annexure A-7 with OA). The bill Annexure A-7 is not verified by competent authority from Accounts Department and same is intra- departmental notings and cannot be relied as piece of legal evidence. The calculation of arrears Annexure A-7 is obtained by applicant and same has no legal force being intra-departmental nothings. Ms. Nidhi Kumar further submits that applicant is entitled for net amount of Rs.7,27,934/- (Rupees seven lacs twenty 5 OA No.399 of 2024 seven thousand nine hundred and thirty four only) as calculation sheet has been provided by respondents, though not made part of additional affidavit.
DISCUSSION
12. Heard Shri Bikrama Sah, learned counsel for the applicant and Ms. Nidhi Kumar, Advocate for Dr. Divya Swami, Standing Counsel for MCD and perused the record.
13. The short issue for consideration is "whether applicant is entitled for payment of difference of arrears of salary w.e.f. 01.04.2004 to 31.08.2014 including non-matric arrears as calculated by the respondents?"
14. Now coming to the undisputed facts of case in hand that applicant was initially engaged as daily wages Sanitation Worker (DWSK) w.e.f. 31.03.1998 and regularization proposed notionally w.e.f. 01.04.2004.
15. Applicant was appointed on the substantive post of regular Sanitation Worker vide Office Order dated 01.07.2014 and joined duty as regular Swachata Karamchari w.e.f. 02.07.2014.
16. The Order dated 01.07.2014, appointment on substantive post of regular Sanitation Worker in pay scale of Rs.2550-3200 (pre-
revised) is entitled for pay scale of Rs.2550-3200 (pre-revised) w.e.f. dates given in appointment order dated 01.07.2014.
17. Miss Nidhi Kumar, learned counsel for the respondents produced calculation sheet on behalf of management/MCD an Shri Bikrama Sah, learned counsel for the applicant is also agreeable to said calculation sheet. For ready reference the entire calculation sheet is reproduced as under -
"CALCULATION SHEET ON BEHALF OF MANAGEMENT Sl. Detail Total Amount Paid Balance Remarks No. Amount Amount 1 Regularization 8,82,531/- NPS ............. 6,64,713/- BILL PASS Arrears 1st MACP 1,28,358/-
Arrears GIS-1460/-
Tax 88,000/-
(6,64,713/-)
2 7th CPC Arrear 28,221/- ........... 28,221/- BILL PASS
3 Dress allowance 35,000/- ........... 35,000/- BILL PASS
Total Amount 7,27,934/- ....... 7,27,934/-
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OA No.399 of 2024
If any excess payment made to employee than the recovery will be made in the salary from the employee."
18. Hon'ble Supreme Court in case of Keraleeya Samajam & Anr. Vs. Pratibha Dattatray Kulkarni (Dead) through LRs & Ors. in SLP (C) No.21660-21661 of 2019 vide judgment dated 01.10.2021, Their Lordships held as -
"5. The respondents were compelled to approach the Deputy Director only when the petitioners though were required to pay the wages as per the applicable rules and as per the recommendation of 6th Pay Commission, failed to make the payment, the respondents were compelled to approach the Deputy Director (Education) thereafter. Therefore for the lapse and inaction on the part of the petitioners, the respondents cannot be made to suffer and deny the arrears of the salaries as per the 6th Pay Commission recommendation, which otherwise they are entitled to. Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations.
[Emphasis supplied]
19. Hon'ble High Court of Delhi in case of Nagar Nigam Sewa Nivrit Karamchari Kalyan Samiti & Ors. Vs. Gyanesh Bharti in Cont. Cas(C) No.524/2020 vide order dated 05.04.2021, Their Lordships held as under -
"We have considered the submissions made in the application, as well as the facts and figures stated therein. The right of the employees and the pensioners to receive their salaries and pension is a fundamental right and non-payment thereof directly impinges on their right to life and liberty enshrined under Article 21 of the Constitution of India. We are therefore not inclined to pass any order which would adversely impinge upon this right o the employees and the pensioners. Since the applicant/corporation has employed personnel to render their services for and on behalf of the corporation, it is for the corporation to find ways and means for making payment of salaries and pensions to its employees and pensioners, & non-availability of funds cannot be an excuse for non-payment of salaries and pensions on time. We, therefore, dismiss this application."
[Emphasis supplied]
20. This Tribunal is of the opinion that the applicant is not entitled for arrears of difference of salary as per bill annexed as Annexure A-7. The said difference of arrears bill from 01.04.2004 to 31.08.2014 is just intra-departmental notings and as per law laid down by Hon'ble Supreme Court in case of Bachhittar Singh Vs. State of Punjab, 1962 SCC Online SC 11, "the internal noting or communication not forming part of a final decision cannot be relied upon as conclusive evidence". The difference of arrear bill of the 7 OA No.399 of 2024 applicant for a period from 01.04.2004 to 31.08.2014 does not represent an accurate or verified calculation by Accounts Department cannot be basis to grant arrears to the applicant.
21. Respondents have prepared arrears bill and calculation sheet as extracted herein above and inclusive of non-matric arrears based on actual working days of applicant, and made entries in the service book filed as Annexure R-1 with the counter reply affidavit. So also the learned counsel for applicant submits that applicant is satisfied and agreeable to calculation furnished by the respondents.
22. What comes out loud and clear from above facts and circumstances that pay in the substantive post to pay scale Rs.2500-3200 (pre-revised) is pay attached to the post held substantively as regular Sanitation Worker. Applicant has legal right to receive salary and allowances as per law as a property right now a constitutional right and has character of tangible moveable property - from due date on actual work basis when it accrued and becomes due. The competent authority already verified and on actual work basis basic pay and other entitlements calculated and calculated w.e.f. 01.01.2006 taking into account GP Rs. 1800 and accounts Department of MCD, already certified the entries, recorded in calculation sheet and accordingly service book updated as evident from Annexure R-1 also filed with additional affidavit dated 05.04.2025 filed in the case.
CONCLUSION
23. I have already analyzed in detail the issue in light of aforesaid analysis. Accordingly, the issue is decided in favour of applicant as agreeable also to both the parties.
24. Respondents are directed to release sum of amount of Rs.7,27,934/- within a period of three months from the date of receipt of certified copy of this Order with interest at current GPF rate from due date till date of actual payment. If the respondents fail to release the amount within the period of three months from date of receipt of the certified copy of this Order, the same shall carry interest at the rate of 9% per annum on the amount falls due to the applicant till the actual payment.
8 OA No.399 of 202425. Resultantly, the Original Application is allowed and disposed off to the extent indicated here-in-above.
26. There shall be no order as to costs.
27. As a sequel thereof, Pending Miscellaneous Application(s), if any, shall also stand disposed off.
(Ajay Pratap Singh) Member (J) /na/