How Will You Cater To Citizens When You Can't Pay Your Employees? It's Their Salary Not Some Ransom: Delhi High Court Pulls Up MCD

The Delhi High Court on Friday rapped the Municipal Corporation of Delhi (MCD) over unpaid dues and arrears of 7th Central Pay Commission (CPC) to employees of the civic body.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora orally remarked,

“There is a little arm twisting here. You say Centre must pay…If you won't pay they (employees) will suffer. They are not people who are held by some terrorist group no. They are to be paid salaries.”

The bench also wondered how will the MCD take care of the roads, hospitals and development activities in the national capital if it has no money in its pocket to pay salaries to its employees.

The court was hearing a bunch of pleas, some of which were moved in 2017, while some were filed in the wake of COVID-19, concerning the issue of non payment of salaries to various employees of MCD, previously bifurcated as NDMC, SDMC and EDMC. Some of the pleas are moved by retired employees of the civic body raising a grievance that their pensions were not being released.

The counsel appearing for the MCD told court that the salaries and pensions till the month of January this year have been paid to the employees. He undertook that the salaries and pensions for the month of February shall be paid within 10 days. However, more time was sought to clear the outstanding arrears of 7 CPC to the employees.

Unconvinced, the bench told the MCD's counsel to either resolve the issue amongst themselves and make the civic body financially viable or the court will dissolve it. “We have been taking care of this matter from last seven years. Now we won't. These people are not held for ransom. Either you make it (MCD) financially viable or you have no business to stay,” the court said.

Furthermore, the Acting Chief Justice remarked that the court has done enough for the civic body in the last seven years but will not be helping it anymore.

“You are mature people. You have vast experience. If you can do it yourself, do it. We are now going to close it. Inefficient people must be told that there is no scope for them. You only generate litigation for us just because of your inefficiency and corruption…We are not going to lead you. If you can set your house in order, then do it. If not, I think then we need a new system,” the Acting Chief Justice told MCD's counsel.

He added: “There is a procedure. It (MCD) will get dissolved. You're not finding resources and holding these poor people to ransom, saying that we won't pay you 7 CPC. Who are you to hold their pay commission? You cannot do that.”

The court further remarked that people are going to jail for failing to pay the benefits of 7 CPC and just because they are officials of MCD does not mean they won't be responsible. “For seven years, you have made us the culprit. The problem is at your end and you are not putting your house in order. We gave you seven years but you're not willing to…,” the court said.

It added, “Every month they cannot come. You say you've paid till January. There is no hope and sight when you'll pay them. You've to pay on time. It cannot linger on like this. This is no way.”

The bench further remarked that what development will the MCD do for the citizens of Delhi when they cannot pay salaries to its employees.

The court asked the MCD to resolve the issue of payment of arrears of 7 CPC and sought its affidavit clearly stating the amount of outstanding arrears.

The matter will now be heard on March 28.

In January last year, the court had summoned Finance and Urban Development Secretaries of the Delhi Government and MCD Commissioner over failure to make payment of salaries to employees of the civic body.

The court had said that was is unfortunate that class III and IV employees were not being paid despite assurance of making payments “from time to time.”

Title: Court on its own motion v. Union of India and other connected matters