Your position is precarious: HC raps MCD over pension arrears payment
The court decided to disburse the instalment of the pending arrears by releasing an amount of ₹15 crore every month
The Delhi high court on Thursday reprimanded Municipal Corporation of Delhi (MCD) for its failure to pay arrears to its all employees and pensioners in accordance with the 7th pay commission, and said the civic authority was “incompetent to the core” and incapable of functioning.
The court made these remarks after it was informed by petitioners that MCD was yet to pay arrears to approximately 60,000 pensioners and had decided to disburse the instalment of the pending arrears by releasing an amount of ₹15 crore every month.
In a submission before the high court bench led by acting chief justice Manmohan, MCD Divya Prakash Pande said, “We have paid salary as well as pension up to February. We have also paid arrears in accordance with the 7th pay commission. Forty thousand were paid earlier, and now approximately 60,000 remain. MCD has decided that a minimum of ₹15 crore will be diverted towards clearing the arrears in accordance with the pay commission This includes existing employees and pensioners. The journey has started and it will culminate sooner or later.”
Noting how the civic body had to divert a chunk of its revenue for the payment of pending salaries and pensions, the court wondered how the civic body will discharge responsibilities related to development of the city. “Your financial condition is so precarious. What development activity are you doing? You’re existing for only paying salaries? What garbage collection will you do? There are some responsibilities which are cast on you. What responsibilities would you discharge? You are incapable of handling itself. Your position is so precarious,” a bench also comprising justice Manmeet Pritam Singh Arora told Pande. “You are incapable of functioning. It’s a case where we will have to find some alternate arrangement. We will direct the Union of India to take instructions as to why should it not exercise its power (to issue a show cause notice of dissolution). You are incapable of providing services,” the bench said.
The court was hearing a clutch of petitions, including a suo motu plea, related to non-payment of salaries and pensions by MCD to its staff.
The court also decided to conduct day to day hearings from April 8, saying there was a need to streamline the entire system.
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