Delhi High Court Directs MCD To Ensure Paramedical Staff's Salary Is Not Withheld For Failing To Mark Attendance In Smart App

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to ensure that salary of employees of its paramedical technical staff welfare association is not withheld on account of not being able to mark their attendance in the MCD SMART App, till October 28.

Justice Rekha Palli issued notice on the plea filed by the welfare association challenging a communication dated August 18, 2022 issued by the MCD directing that salaries of all para medical staff of the RBIPMT and MVID hospitals will be released only after they mark their attendance through the MCD SMART App via smart phones.

The counsel appearing on behalf of the association argued that the impugned communication was passed without appreciating the fact that many of its members are not educated and did not own smartphones.

It was thus submitted that it was not possible for the said employees to mark their attendance through the MCD SMART App.

Since there was no appearance on behalf of the MCD despite advance service, the Court was not in a position to seek explanation from the municipal corporation as to why attendance of the petitioner employees cannot be marked by any other mode till they are able to purchase smartphones and are provided necessary training to operate the SMART App.

Accordingly the Court ordered thus:

"Till the next date, the respondent no.2 will ensure that the salaries of the employees of the petitioner/union is not withheld on account of their not being able to mark their attendance in the MCD SMART App through a smart phone."

The matter will now be heard on October 28.

Case Title: PARAMEDICAL TECHNICAL STAFF WELFARE ASSOCIATION OF MCD v. GOVT. OF NCT OF DELHI & ANR.

Click Here To Read Order