Delhi High Court Slams Municipal Corporation Over Outstanding Teachers' Salaries

The Delhi High Court today expressed displeasure with the East Delhi Municipal Corporation (now Municipal Corporation of Delhi) over the issue of non payment of salaries to its teachers.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a plea moved by five primary teachers claiming that the EDMC had failed to pay them five months salary from December 2021 to April 2022.

It is thus the petitioners' case that the inaction on part of EDMC is in violation of their fundamental right to livelihood under Articles 14 and 21 of the Constitution of India read with provisions of Right of Children to Free and Compulsory Education Act, 2009.

When the matter was taken up in the morning session today, the Bench pulled up the counsel appearing for the Corporation and remarked that while the officers were getting salaries in time, the teachers were not getting the same.

"Why are you not paying salary? They are your employees or not? This is something very strange that you have not paid salary for past five months. They are teachers. Who heads the Corporation? We will pass an order for stoppage of salary of all senior officers of the department until their salaries are paid. These officers get salaries in time and these poor teachers are not getting salaries. It is very unfortunate," the Chief Justice orally remarked.

Later, when the matter was taken up again in the post lunch session, the counsel appearing for EDMC, on instructions, submitted that the reason for non disbursal of salaries to the teachers was due to a "crucial fund deficiency."

Responding to Court's query if the higher officials were getting their salary, the counsel submitted that even Grade A officers in the Corporation were not paid since January this year. It was added that the teachers fall under Grade B.

The counsel also apprised the Court that the EDMC has already moved an application in another pending matter concerning the similar issue, seeking release of fund from the Delhi Government due to serious deficiency. It was submitted that the said matter is scheduled for hearing on July 22.

To this, Chief Justice orally asked the counsel as to whether the Commissioner of the Corporation was getting the salary or not.

While the EDMC counsel submitted that it was difficult to respond to the query, he assured that a statement will be made on the next date of hearing regarding the same.

While adjourning the matter for hearing along with the similar petition on July 22, the Court ordered thus:

"The respondent shall also make all possible endeavour for release of salaries to the employees/petitioners."

According to the petition, approximately 5,000 Primary teachers working in as many as 365 Primary school run by EDMC have not been paid their due salaries since December 2021.

The petitioners thus argue that the corporation by their inefficient functioning has created an artificial crunch of funds making it an excuse for not paying or delaying payment of salary to its employees.

In this backdrop, the plea seeks direction on EDMC to forthwith pay to petitioners and all other similarly situated teachers their unpaid salary for the last 5 months.

The plea adds that in case of EDMC's inability to pay regular salaries to teachers, the corporation be directed handover all the Primary schools run by them to the GNCTD for further management.

Case Title: Satendra Kumar Nagar & Ors v. East Delhi Municipal Corporation & Ors