Delhi High Court - Orders
Akhil Dilli Prathmik Shikshak ... vs Govt. Of N.C.T.D & Ors on 22 February, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~5-19.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5033/2020 & C.M. Nos. 18132/2020, C.M. No. 20041/2020
AKHIL DILLI PRATHMIK SHIKSHAK SANGH(REGD.)
..... Petitioner
Through: Mr. Ranjit Sharma, Advocate.
versus
GOVT. OF N.C.T.D & ORS. ..... 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 and South DMC
+ W.P.(C) 5389/2020
HOSPITAL EMPLOYEES UNION ..... Petitioner
Through:
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondent
Through: Mr. Sandeep Sethi, Sr. Advocate with
Mr. Satyakam, ASC for GNCTD
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC and South DMC
+ CONT.CAS(C) 524/2020
NAGAR NIGAM SEWA NIVRIT KARMCHARI KALYAN
SAMITI AND ORS ..... Petitioner
Through: Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
NrDMC and South DMC
versus
GYANESH BHARTI ..... Respondent
Through:
+ W.P.(C) 3511/2020 & C.M. Nos. 21333,21335,23413,33151/2020
COURTS ITS ON MOTION ..... Petitioner
Through:
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Anil Soni, CGSC for UOI
Mr. Sandeep Sethi, Sr. Advocate with
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
Mr. Tarun Sharma, Ms. Akanksha
Kapoor & Ms. Shivani Aggarwal,
Advocates for the applicant.
Ms. Tasneem Ahmadi with Mr. Jatin
Bhatt, Advocates for applicant in
C.M. No. 7134/2021.
+ W.P.(C) 3833/2020 & C.M. No. 13722/2020
COURT ON ITS OWN MOTION
..... Petitioner
Through: Mr. Ranjit Sharma, Advocate.
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 and South DMC
Mr.Ashok Agarwal with Mr.Utkarsh,
Advs. for intervener in CM
No.13722/2020
+ W.P.(C) 5533/2020 & C.M. No. 19966/2020
NAGAR NIGAM SEWA NIVRIT KARMCHARI KALYAN
SAMITI (UNREGISTERED) AND ORS ..... Petitioner
Through: Mr. Ranjit Sharma, Advocate.
versus
GOVT.OF N.C.T.DELHI, & ANR.
..... Respondent
Through: Ms. Avnish Ahlawat, SC (Service),
GNCTD with Ms.Tania Ahlawat,
Mr.N.K. Singh & Ms.Palak
Rohemetra, Advs. for GNCTD
Mr. Sandeep Sethi, Sr. Advocate with
Mr. Satyakam, learned ASC for
GNCTD
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
Nr.DMC and South DMC
+ W.P.(C) 5833/2020 & C.M. No. 21093/2020
MCD RETIRED ENGINEERS ASSOCIATION DELHI
(REGISTERED) THROUGH ITS GENERAL SECRETARY MR.
K.S. SANDHU ..... Petitioner
Through: Mr.Rono Mohanty, Ms. Chikirsha
Mohanty, Advocate, Ms. Ishita
Mohanty and Ms. Anju Mohanty,
Advs.
versus
GOVERNMENT OF NCT, DELHI THROUGH THE PRINCIPAL
SECRETARY, FINANCE & ORS. ..... Respondent
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 and South DMC
Mr.Gaurang Kanth, SC with Ms.Biji
Rajesh, Adv. for SDMC.
+ W.P.(C) 6075/2020
HOSPITAL EMPLOYEES UNION
..... Petitioner
Through:
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondent
Through: Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC and South DMC
Mr. Sandeep Sethi, Sr. Advocate with
Mr.Satyakam, learned ASC for
GNCTD
+ W.P.(C) 6532/2020 & C.M. No. 22869/2020
DDA AND MCD JANVADI KARMCHARI UNION (REGD.5128)
..... Petitioner
Through: Mr. Ranjit Sharma, Advocate.
versus
GOVT.OF N.C.T.DELHI, & ANR.
..... Respondent
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 and South DMC
Mr.Maninder Singh, Sr. Advocate
with Mr. Prabhas Bajaj, Advocate for
IMA
+ W.P.(C) 7193/2020 & C.M. No. 24315/2020
DELHI MUNICIPAL WORKERS UNION REGD.
..... Petitioner
Through: Mr.Bankey Bihari, Adv.
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondent
Through: Mr. Sandeep Sethi, Sr. Advocate with
Mr.Satyakam, learned ASC for
GNCTD
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC and South DMC
+ W.P.(C) 7417/2020 & C.M. No. 24809/2020
PARA MEDICAL TECHNICAL STAFF
WELFARE ASSOCIATION OF MCD ..... Petitioner
Through: Mr. Tarun Sharma, Ms. Akanksha
Kapoor & Ms. Shivani Aggarwal,
Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr.Manish Mohan, CGSC with Ms.
Manisha Saroha, Advocate for the
Respondent No. 1/UOI
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC and South DMC
Mr. Sandeep Sethi, Sr. Advocate with
Mr.Satyakam, learned ASC for
GNCTD
+ W.P.(C) 7731/2020 & C.M. Nos. 25505, 25506/2020
DILLI NAGAR NIGAM CHATURTH SHRENI KARMCHARI
LOKHIT MORCHA REGD
..... Petitioner
Through: Mr. Ranjit Sharma, Advocate.
versus
GOVT OF NCT DELHI AND ANR & ANR.
..... Respondent
Through: Mr. Sandeep Sethi, Sr. Advocate with
Mr.Satyakam, ASC for GNCTD.
Mr.Divya Prakash Pande, SC with
Mr.Akhil Mittal, Advocate for
Nr.DMC and South DMC
+ W.P.(C) 8065/2020 & C.M. No. 26234/2020, C.M. No. 26235/2020
PARA MEDICAL TECHNICAL STAFF
WELFARE ASSOCIATION OF MCD ..... Petitioner
Through: Mr. Tarun Sharma, Ms. Akanksha
Kapoor & Ms. Shivani Aggarwal,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
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 and South DMC
Mr. Sandeep Sethi, Sr. Advocate with
Mr.Satyakam, learned ASC for
GNCTD
+ W.P.(C) 100/2021 & C.M. No. 301/2021
SMT. SUNITA SEHGAL ..... Petitioner
Through: Mr. Anuj Aggarwal with Mr.
Shubham Pundhir, Advocates.
versus
NORTH DELHI MUNICIPAL CORPORATION & ANR.
..... Respondent
Through: Ms.Garima Prashad, Adv. for
Nr.DMC.
Ms. Charu Singhal for Ms. Garima
Prasad, Advocates for NDMC.
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
NrDMC and South DMC
+ W.P.(C) 364/2021 & C.M. No. 966/2021, 967/2021
DELHI NURSES UNION ..... Petitioner
Through: Mr. Tarun Sharma, Ms. Akanksha
Kapoor & Ms. Shivani Aggarwal,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Rajesh Gogna, CGSC with
Mr.Karan Chibber & Mr.Vedansh
Anand, Advs. for UOI
Mr. Divya Prakash Pande, SC with
Mr. Akhil Mittal, Advocate for
NrDMC and South DMC
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 22.02.2021 At the outset, we find that there is non-compliance on the part of the GNCTD of our order dated 21.01.2021.
On the last date of hearing, Mr. Satyakam, learned standing counsel for GNCTD had made a statement before the Court 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. The said amount has not been released till date.
Mr. Satyakam states that the Corporations did not apply for release of the parking charges till as late as on 18.02.2021. We do not find any merit in this submission of Mr. Satyakam. Our order was crystal clear and was in fact passed on the basis of the statement made by Mr. Satyakam that the transfer duty and parking charges till December, 2020 would be released within a week; there was, therefore, no further requirement for the Corporations to apply for the release of the amount to seek release thereof. We also find that the direction for release of the BTA/ GIA in terms of paragraph 5 of our order has also not been complied with inasmuch, as, the amount was admittedly not released within the two weeks' time granted to the GNCTD. In fact, the amount appears to have been released barely a day or so ago due to which the same could not be utilised to release the pending arrears of salary and pension of the Corporation employees.
In the light of the aforesaid, Mr. Sandeep Sethi, learned senior counsel representing the GNCTD requests for an adjournment for a week. He assures the court that he would take full instructions and explain the conduct of the GNCTD. On this assurance given by Mr. Sethi, we adjourn the matter to 09.03.2021.
We hope and expect that the before the next date of hearing, the GNCTD would have released all the other amounts that it is obliged to pay to the three Corporations and the local bodies. We make it clear that non- compliance of our orders would invite serious action, including initiation of contempt proceedings against all those found guilty.
In the meanwhile, the parties may, before the next date of hearing, respond to the affidavits filed by the Municipal Corporations as also the GNCTD.
C.M. No. 7134/2021 in W.P.(C) No. 3511/2020 The submission of learned counsel for the applicant is that it would confine its submissions only qua non-payment of salaries of the Municipal employees. It is made clear to the applicant that in this petition, the Court would not permit any other issue to be raised and it would be open to the applicant to raise other issues in appropriate proceedings.
Issue notice to the non-applicants returnable on 09.03.2021.
VIPIN SANGHI, J REKHA PALLI, J FEBRUARY 22, 2021 N.Khanna