Delhi High Court - Orders
Nagar Nigam Sewa Nivrit Karmchari ... vs Gyanesh Bharti on 21 January, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~15 to 27, 29 & 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 524/2020
NAGAR NIGAM SEWA NIVRIT KARMCHARI KALYAN
SAMITI AND ORS ..... Petitioners
Through Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
NrDMC
versus
GYANESH BHARTI ..... Respondent
Through Mr.Ranjit Sharma, Adv.
16
+ W.P.(C) 3511/2020 & CM APPL. 21333/2020, CM APPL.
21335/2020, CM APPL. 23413/2020 & CM APPL. 33151/2020
COURTS ITS ON MOTION ..... Petitioner
Through
versus
UNION OF INDIA & ORS ..... Respondents
Through Mr. Anil Soni, CGSC for UOI
Mr. Satyakam, learned ASC for
GNCTD for R-3 & and R-4
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC
Mr. Maninder Singh, Sr. Advocate
with Mr. Prabhas Bajaj, Advocate for
IMA
Mr. Surinder Kumar Gupta, Advocate
for intervenors in C.M. No.
21333/2020
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
Mr. Tarun Sharma, Advocate with
Ms. Akanksha Kapoor & Ms. Shivani
Aggarwal, Advs. for applicant.
17
+ W.P.(C) 3833/2020 & CM APPL. 13722/2020
COURT ON ITS OWN MOTION ..... Petitioner
Through
versus
UNPAID SALARY OF TEACHERS AND EMPLOYEES OF
NR.D.M.C. ..... Respondent
Through Ms. Avnish Ahlawat, SC (Service),
GNCTD with Ms.Tania Ahlawat,
Mr.N.K. Singh & Ms.Palak
Rohemetra, Advs.
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC
Mr.Ashok Agarwal with Mr.Utkarsh,
Advs. for intervener in CM
No.13722/2020
18
+ W.P.(C) 5033/2020 & CM APPL. 18132/2020 & CM APPL.
20041/2020
AKHIL DILLI PRATHMIK SHIKSHAK SANGH(REGD.)
..... Petitioner
Through Mr. Ranjit Sharma, Adv.
versus
GOVT. OF N.C.T.D & ORS. ..... Respondents
Through: Ms. Avnish Ahlawat, SC (Service),
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
GNCTD with Ms.Tania Ahlawat,
Mr.N.K. Singh & Ms.Palak
Rohemetra, Advs.
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC
19
+ W.P.(C) 5389/2020
HOSPITAL EMPLOYEES UNION ..... Petitioner
Through Mr.N. Bhushan for Mr Rajiv
Agarwal, Advocate
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents
Through Mr. Satyakam, ASC for GNCTD
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC
20
+ W.P.(C) 5533/2020 & CM APPL. 19966/2020
NAGAR NIGAM SEWA NIVRIT KARMCHARI KALYAN
SAMITI (UNREGISTERED) AND ORS ..... Petitioners
Through Mr. Ranjit Sharma, Adv.
versus
GOVT.OF N.C.T.DELHI, & ANR. ..... Respondents
Through Ms. Avnish Ahlawat, SC (Service),
GNCTD with Ms.Tania Ahlawat,
Mr.N.K. Singh & Ms.Palak
Rohemetra, Advs. for GNCTD
Mr. Satyakam, learned ASC for
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
GNCTD
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC
21
+ W.P.(C) 5833/2020 & CM APPL. 21093/2020
MCD RETIRED ENGINEERS ASSOCIATION DELHI
(REGISTERED) THROUGH ITS GENERAL SECRETARY MR.
K.S. SANDHU ..... Petitioner
Through Mr.Rono Mohanty, Mr. Chikirsha
Mohanty, Advocate, Ms. Ishita
Mohanty and Ms. Anju Mohanty,
Advs.
versus
GOVERNMENT OF NCT, DELHI THROUGH THE PRINCIPAL
SECRETARY, FINANCE & ORS. ..... Respondents
Through: Mr.Naushad Ahmed Khan, ASC,
GNCTD
Mr.Manu Chaturvedi, SC for EDMC
and Mr.Arjun Rekhi, Adv. for
EDMC.
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC
Mr.Gaurang Kanth, SC with Ms.Biji
Rajesh, Adv. for SDMC.
22
+ W.P.(C) 6075/2020
HOSPITAL EMPLOYEES UNION ..... Petitioner
Through Mr.N. Bhushan for Mr Rajiv
Agarwal, Advocate
versus
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents
Through: Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC
Mr.Satyakam, learned ASC for
GNCTD
23
+ W.P.(C) 7193/2020 CM APPL. 24315/2020
DELHI MUNICIPAL WORKERS UNION REGD. ..... Petitioner
Through Mr.Bankey Bihari, Adv.
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents
Through Mr.Satyakam, learned ASC for
GNCTD
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC
24
+ W.P.(C) 7417/2020 & CM APPL. 24809/2020
PARA MEDICAL TECHNICAL STAFF WELFARE
ASSOCIATION OF MCD ..... Petitioner
Through Mr.Tarun Sharma, Advocate with Ms.
Akanksha Kapoor & Ms. Shivani
Aggarwal, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr.Manish Mohan, CGSC with Ms.
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
Manisha Saroha, Advocate for the
Respondent No. 1/UOI
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC
Mr.Satyakam, learned ASC for
GNCTD
25
+ W.P.(C) 7731/2020 & CM APPL. 25505/2020 & CM APPL.
25506/2020
DILLI NAGAR NIGAM CHATURTH SHRENI KARMCHARI
LOKHIT MORCHA REGD ..... Petitioner
Through
versus
GOVT OF NCT DELHI AND ANR & ANR. ..... Respondents
Through Mr.Satyakam, ASC for GNCTD.
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC
26
+ W.P.(C) 8065/2020 & CM APPL. 26234/2020 & CM APPL.
26235/2020
PARA MEDICAL TECHNICAL STAFF WELFARE
ASSOCIATION OF MCD ..... Petitioner
Through Mr.Tarun Sharma, Advocate with Ms.
Akanksha Kapoor & Ms. Shivani
Aggarwal, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
Through: Mr.Ajay Digpaul, CGSC with
Mr. Kamal R. Digpaul, Advocate for
R-l/UOI
Mr.Maninder Singh, Sr. Advocate
with Mr. Prabhash Bajaj, Advocate
for the applicant/IMA
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
NrDMC
Mr.Satyakam, learned ASC for
GNCTD
27
+ W.P.(C) 100/2021 & CM APPL. 301/2021
SMT. SUNITA SEHGAL ..... Petitioner
Through
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondents
Through Ms.Garima Prashad, Adv. for
Nr.DMC.
29
+ W.P.(C) 364/2021 & CM APPL.966-67/2021
DELHI NURSES UNION ..... Petitioner
Through: Mr.Tarun Sharma, Advocate with Ms.
Akanksha Kapoor & Ms. Shivani
Aggarwal, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Rajesh Gogna, CGSC with
Mr.Karan Chibber & Mr.Vedansh
Signature Not Verified
Signed By:GARIMA MADAN
Location:
Signing Date:22.01.2021
18:42:48
Anand, Advs. for UOI.
33
+ W.P.(C) 6532/2020 & CM APPL. 22869/2020
DDA AND MCD JANVADI KARMCHARI UNION (REGD. 5128)
..... Petitioner
Through: Mr.Ranjit Sharma, Adv.
versus
GOVT. OF NCT DELHI, & ANR. ..... Respondents
Through Ms.Avnish Ahlawat, SC (Service),
GNCTD with Ms.Tania Ahlawat,
Mr.N.K. Singh & Ms.Palak
Rohemetra, Advs.
Mr.Manu Chaturvedi, Standing
Counsel and Mr. Arjun Rekhi, Adv.
for EDMC in CM APPL. 33151/2020
Dubey, Advocate for R-1
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC
Mr.Maninder Singh, Sr. Advocate
with Mr. Prabhas Bajaj, Advocate for
IMA
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.01.2021
1. We have heard learned counsels at some length. It is extremely unfortunate that the Government of NCT of Delhi (GNCTD) and the Municipal Corporations, which are governed by opposing political parties, instead of taking steps to redress the grievances raised by the petitioners, (who are employees of the Municipal Corporations/ local bodies, and are Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.01.2021 18:42:48 rendering extremely important service during the ongoing pandemic) are trying to settle their political scores. We are pained to note that there appears to be no real concern or sympathy for the municipal employees, both on the part of the GNCTD, or the Municipal Corporations.
2. On the last date, we had put it to Mr.Satyakam, learned counsel for the GNCTD that the recovery of the loans advanced to the Municipal Corporations, from the amounts payable towards Basic Tax Assignment ("BTA") did not appear to be justified at this point of time, when the entire world was reeling under the effects of covid-19 pandemic. Today, Mr.Satyakam submits that the recovery of the said loan was intrinsically linked with another decision of the GNCTD i.e. to release the Grant-In-Aid ("GIA") of 6.5% on the estimated budget amount, despite the revenue generated by the GNCTD being substantially lower than the budget estimates due to the covid-19 pandemic. He submits that both the decisions were taken simultaneously and therefore, if the GNCTD is now directed to refund the amount recovered towards the loan, then the GNCTD should also be permitted to revisit the release of 6.5% of GIA on the estimated budget. During his submissions, Mr.Satyakam has stated that the GIA is computed as a percentage of the revenue generation of the GNCTD to partially meet the expenditure of the Municipal Corporations under the heads of education, health and urban department.
3. Mr.Satyakam further submits that in deference to this Court's last order, the GNCTD has on 20.01.2021, issued a sanction order for release of Rs.337.57 crores to the 5 local bodies including the three Municipal Corporations towards the final instalment, and the balance amount of first and second instalment of BTA. We are informed that this amount has been Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.01.2021 18:42:48 worked out on the re-revised estimates as, initially there was a deduction of 10% from the budget estimate, where after a further reduction of 42% has been affected from the revised estimates on the ground of shortfall in the revenue of the GNCTD and thereby, the amounts to be released have been scaled down twice.
4. Mr.Satyakam has further stated that the outstanding transfer duty and parking charges payable to the corporations and the local bodies for the period till December, 2020 would be released within the next one week.
5. In the light of the circumstances noted hereinabove, we are of the view that the deduction of recoverable loan amount by the GNCTD from the amount payable to the corporations towards BTA in the present circumstances was not at all called for at this stage, particularly when - we are informed that request for deferment of recovery of loan by the municipal corporations had been favourably considered for the last about three years. We, therefore, direct the GNCTD to transmit to the corporations and the local bodies, the amounts deducted by it towards recovery of the loan amount from these corporations/ local bodies while releasing the amounts payable to them towards BTA/ GIA. We simultaneously reject Mr.Satyakam's plea for permission to revise the amount which the GNCTD has paid and decided to pay towards GIA. The said amounts shall be released by the GNCTD within the next two weeks. The GNCTD shall place on record an affidavit with complete details of computation of the amounts that, according to it, were liable to be paid to the corporations/local bodies; as per the budget estimates and as per the revised estimates; and the amount actually transmitted. The said computation should also contain all the facts and figures in relation to the transmission of the amounts due to the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.01.2021 18:42:48 corporations/local bodies towards transfer duty and parking charges.
6. We also direct all the three corporations to file their respective affidavits disclosing the different heads of expenditure under which amounts have been spent since April, 2020. In case these affidavits are not filed before the next date, the Chairpersons of the corporations shall remain present in the next hearing.
7. We further direct that the amounts received by the corporations/local bodies in terms of our last order, as also the amount which may be received in the coming days shall not be utilised for any purpose other than to disburse the outstanding salaries and pensions of municipal employees. The distribution shall be undertaken on a fair and equitable basis and therefore, it shall be ensured that the salaries/pension of all the municipal employees/ex- employees, if outstanding till the month of October, 2020 should be first cleared. Thereafter, whatever corpus is left with the corporations shall be distributed towards salaries and pensions in an equitable manner as may be worked out by the Chairpersons of the three municipal corporations.
8. Before the next date, the corporations/local bodies shall also file their respective affidavits indicating the manner in which the amounts received by them from the GNCTD in terms of our order have been distributed towards payment of salaries/pensions.
9. List on 22.02.2021.
VIPIN SANGHI, J REKHA PALLI, J JANUARY 21, 2021 gm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.01.2021 18:42:48