Delhi District Court
Sh. Rajender ( Senior Citizen) vs East Delhi Municipal Corporation on 17 December, 2015
IN THE COURT OF SH. AMITABH RAWAT,
JSCC/ASCJ/GJ, SHAHDARA, KARKARDOOMA
COURTS, DELHI
Civil Suit no. 453/15
Unique identification no. 02402C0361742015
Sh. Rajender ( Senior Citizen),
s/o Late Sh. Ram Lal,
R.o IIE/113, Baradari,Nehru Nagar,
Ghaziabad, UP201001
through :
His Legal Representative Sh. Khem Chand ... Plaintiff
Versus
1.East Delhi Municipal Corporation,
through its Commissioner,
Patparganj,Udyog Sadan,
Industrial Area, Delhi.
2.Assistant Chief Accountant,
East Delhi Municipal Corporation,
Shahdara South Zone,
Vishwas Nagar, Shahdara, Delhi110032.
3.Chief Administration Medical Officer,
East Delhi Municipal Corporation,
Shahdara South Zone, Vishwas Nagar,
Shahdara, Delhi110032 ...Defendants
SUIT FOR MANDATORY INJUNCTION
1. Date of institution of Suit : 13.10.2015
2. Order reserved on : 17.12.2015
3. Date of order : 17.12.2015
4. Decision : Prayer under Order 12
Rule 6 CPC allowed
& Suit Decreed.
Civil Suit No. 453/15 1 of 7
ORDER
1. Vide my separate order, I shall dispose off the prayer/oral application under Order XII Rule 6 CPC on behalf of the plaintiff Sh. Rajender.
2. This is a suit for mandatory injunction containing the following averments:
a)The plaintiff worked as peon at last time ( prior to retirement) with Maternity and Child Welfare Center at Vivek Vihar PhaseII, ABlock, Shahdara, Delhi110095.
b)That the plaintiff was retired on 31.10.2012, the plaintiff was assured to pay his retirement arrears within some months by the defendants.
c)That in pursuance of many efforts by the plaintiff to get his retirement dues from the office of the defendants. The plaintiff came to know that the demand regarding his total retirement dues has been passed/finally granted by the Account Department, Shahdara South Zone and was sent to concerned department vide demand No. 201805 dated 01.09.2014 and 201796 dated 01.09.2014 to concerned department.
d)That the plaintiff has been in urgent need of the above said retirement dues for a long time but even after many visits to the office of the defendants and many reminders o ht concerned office by the plaintiff, the plaintiff did not get his amount and even after many visit to the office of the defendants an many request to the concerned officials, the plaintiff did not Civil Suit No. 453/15 2 of 7 receive his retirement dues due upon the defendant's department for a long time i.e. 31.10.2012 till date.
e)That due to negligence on part of defendants, the plaintiff did not receive his retirement dues even after many visits and requests to offices of the defendants.
f)That due to negligence, on part of the defendants, the plaintiff has been suffering hardship an mental agony for a long time.
g)That the plaintiff also sent a notice dated 24.07.2015 to the defendants under Section 80 CPC which has dully served upon them. In pursuance, the plaintiff received a reply dated 01.10.2015 that the two payments of plaintiff has been passed by the account department and the demand has been sent to the EDMC, Head Quarter vide demand No. 20/805 dated 01.09.2014 and 20/796 dated 01.09.2014 and as and when demand has been cleared then payment will be released.
h)That the plaintiff is an old aged person and he is in dire need of the said retirement arrears/dues due to some medical reasons and urgent personal needs and from the year 30.10.2012 till date the plaintiff has been regularly visiting to the offices of the defendants but the defendants are trying to linger on the matter on one pretext or the others and did not intentionally release the payment to him till date even after clear admissions made by them.
Thus, the plaintiff has essentially claimed that he retired Civil Suit No. 453/15 3 of 7 as a peon in EDMC on 31.10.2012 and his postretirement dues and benefits has not been given to him.
3. Defendant/EDMC has filed a written statement stating in para no. 3 of preliminary objections as under : "It is stated that the payment of arrear of MACP Bill which is amounting Rs. 1,18,692/ and payment of difference of leave encashment Bill which is amounting Rs. 30,210/ has been prepared by the Chief Administrative Medical Officer and passed by Account Department and send to EDMC/HQ by Account Department for releasing the payment vide demand No. 20/805 dated 01.09.2014 and 20/796 dated 01.09.2014 which is legally due, but till date to paucity of funds. It is further submitted that even necessary and unavoidable payments such as medicines, essential hospital items, pensions, medical reimbursement/salary of the employees of the EDMC are also pending due to shortage of funds. Therefore, the payment of the plaintiff will be released once the financial position of the EDMC improves or earlier when funds available against the appropriate head of accounts."
The defendant has also admitted that the plaintiff retired on 31.10.2012 from Maternity and Child Welfare Center at Vivek Vihar PhaseII, ABlock, Shahdara, Delhi110095 of EDMC.
4. I have heard the counsels of both the parties and my findings are based on the record and submissions of the parties Civil Suit No. 453/15 4 of 7 are as under after adumbrating to the relevant provision of Order 12 Rule 6 CPC.
Order 12 Rule 6 CPC: "Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions."
(a) In this regard, reference can be had to the judgment of the Hon'ble Supreme Court in the case of Usha Rani Jain Vs. Nirulas Corner House Pvt. Ltd., 73(1998) DLT 124 para 18 of which reads as follows: " The object of Order 12 Rule 6 CPC is to enable a party to obtain a speedy judgment, as least, to the extent of the admissions of the defendant to which relief the plaintiff is entitled to. The rule permits the passing of the judgment at any stage without waiting for determination of other questions. It is equally settled that before a court can act under 12 Rule 6, the admission must be clear, unambiguous, unconditional and unequivocal. Admission in pleadings are either actual or constructive. Actual admission consist of facts expressly admitted either in pleadings or in answer to interrogatories."
5. It is seen that the defendant/EDMC in the written Civil Suit No. 453/15 5 of 7 statement admitted to the entire claim of the plaintiff in the plaint.
a) The defendant has admitted the status of plaintiff as a retiree from EDMC on 31.10.2012.
b) The plaintiff has prayed that his postretirement dues and benefits has not been released to him by the defendant/EDMC. The defendant in the written statement has fairly admitted that a sum of Rs. 1,48,902/ ( Rs. 1,18,692 + Rs.30,210/) is due towards the plaintiff on behalf of the defendant which is the legally due amount but the same could not be paid due to paucity of funds. The due amount of the plaintiff will be released when the financial condition of the defendant/EDMC improves. Thus, EDMC has completely accepted the claim of the plaintiff regarding his dues but is seeking time to release the payment upon improvement of the financial health of the EDMC.
Ld. Counsel for the plaintiff has argued that he has no dispute with the quantum stated by the defendant. Ld. Counsel for the defendant, has fairly stated, upon being asked that the suit may be decreed since they are not contesting the claim of the plaintiff.
6. Thus, on the basis of the pleadings of the parties, a clear cut case of allowing the prayer/oral application of the plaintiff is made out. Accordingly, the prayer under Order 12 Rule 6 CPC is allowed in favour of the plaintiff. The suit of the Civil Suit No. 453/15 6 of 7 plaintiff is decreed for a sum of Rs.1,48,902/. Cost of the suit is also awarded in favour of the plaintiff.
7. Decreesheet be prepared accordingly. Thereafter, file be consigned to record room as per rules.
(Announced in the (Amitabh Rawat)
Open Court on 17.12.2015 ) JSCC/ASCJ/GJ,Shahdara,
KKD,Delhi
(This order contains 7 pages)
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