Delhi High Court
North Delhi Municipal ... vs Sushma Kumari And Others on 9 November, 2022
Neutral Citation Number : 2022/DHC/004766
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.11.2022
+ W.P.(C) 7735/2020 & CM APPL. 25513/2020
NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
versus
SUSHMA KUMARI AND OTHERS ..... Respondent
Advocates who appeared in this case:
For the Petitioners: Ms. Namrata Mukim, Advocate (through VC)
For the Respondent: Mr. Padma Kumar S and Ms. Thithiksha Padmam,
Advocates for R-1 to 44 and 46 to 95
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 04.12.2019 whereby the
Tribunal has allowed the Original Application filed by the respondents
and directed the petitioner to grant the same relief to the respondents
as granted to similarly situated Staff Nurses working in ESIC
including arrears of pay and allowances with up-to-date interest at
GPF rate. Petitioner was also directed to fix the responsibility as to
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:11.11.2022 14:21:21
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004766
why the instructions were not implemented.
2. Learned counsel for the petitioner submits that the petitioner-
Corporation is facing an acute financial crunch and as such the amount
could not be disbursed. She under instructions submits that the arrears
of pay and allowances shall be disbursed to each of the respondents
within a maximum period of six months from today. She submits that
in view of the financial crunch the interest component be waived off.
3. Learned counsel for the respondents fairly states that though in
the Original Application, there were 96 petitioners, in fact, the
petitioner no. 13 who is also respondent no. 13 was erroneously shown
twice as petitioner no. 40 before the Tribunal as well.
4. Learned counsel for the petitioner submits that noticing the said
error, said petitioner has been only arrayed as respondent no. 13 herein
and as such there are 95 respondents.
5. Learned counsel for the respondents further submits that in case
the petitioner comply with the directions of the Tribunal and pay the
arrears and allowances as proposed today, he shall not press for the
interest component. He submits that this statement has been made in
view of the fact that Corporation is genuinely facing financial crunch.
6. In view of the above, the petition is disposed of directing the
petitioner to pay the arrears and allowances as directed by the Tribunal
to each of the respondents within a maximum period of six months.
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:11.11.2022 14:21:21
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004766
7. It is clarified that in case the arrears are paid within six months
from today, petitioner shall not be liable to pay any interest, however,
in case there is any delay or default in payment of the amount, interest
shall be payable on the balance amount from the dates said amount
had become due and payable to the respondents at the GPF rates.
8. Further in view of the explanation given by the petitioner in the
petition and also the fact that the petitioner had decided to implement
the recommendations vide OM dated 28.09.2018, the direction of the
Tribunal to fix the responsibility is set aside.
9. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
NOVEMBER 9, 2022
'rs'
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:11.11.2022 14:21:21
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
