HC seeks presence of Delhi Waqf Board CEO over non-payment of salaries

The Delhi High Court has directed the chief executive officer of Delhi Waqf Board to come before it and explain the reasons for non-payment of salaries to board employees for several months in spite of a court order directing clearance of the outstanding dues.

Justice Jyoti Singh said the petition of the Delhi Waqf Board Employees depicts a "very sorry" state of affairs as admittedly the employees have not received their salaries for nearly nine months. The authorities were totally insensitive to the plight of the employees who were finding it difficult to make two ends meet, the judge said.

Prima facie, the court said, there is scant regard for court orders, as despite there being an assurance on the last date of hearing, there was no certainty as to when salaries would be paid and now the usual and casual response is that the matter is under consideration and there is deficiency of funds.

In this view of the matter, this Court deems it appropriate to direct Md. Rehan Raza, Chief Executive Officer/Respondent No. 1 (Delhi Waqf Board) to remain present in Court on the next date of hearing i.e. 11.07.2023 at 02.30 PM, to explain the alleged non-compliance of the orders passed by this Court and non-performance of the statutory obligations of the Delhi Waqf Board to pay salaries and allowances to its employees, said the court in its order passed on June 1.

It appears that the Respondents are totally insensitive to the plight of the employees who are without their salaries and it needs no emphasis that they are finding it difficult to make two ends meet and fend for themselves and their families," it said.

It said prima facie the court is of the view that the respondents have scant regard even for the orders passed by it as despite an assurance given on the last date of hearing that the dues will be cleared within two weeks, even today there is no certainty as to when the petitioners will receive their salaries.

The petitioner association along with an individual employee had moved the court earlier this year, claiming they had not received their salaries since October last year and were facing unfathomable financial hardships.

The petitioners alleged there was non-compliance of an order passed by the court on March 27 directing the respondents- the city government and Delhi Waqf Board authorities- to clear the outstanding salaries of board employees of over six months within two weeks.

Advocate M Sufian Siddiqui, appearing for the petitioners, argued before the high court that the aggrieved employees have been robbed of their right to a dignified life in a brazen infraction of their fundamental and constitutional rights.

The employees of Delhi Waqf Board falling in Category I (Permanent employees recruited against the sanctioned post), II (Permanent employees whose recruitment is approved by the Divisional Commissioner), III (Employees who were recruited on contractual basis but are waiting for their absorption) and IV (Contractual employees who continue to be contractual) have not received their salary from October 2022, the petition has said.

It said it was imperative for the Board to meet and take necessary measures for the release of salaries of its employees and paucity of funds cannot be an excuse.

It submitted the entire functioning of the board has collapsed and its staff has been in a grim situation because of unresolved issues.

The functioning of the Delhi Waqf Board has come to a standstill as its business is to be transacted at its meetings. Staggeringly, after 05.01.2022 no meeting of the members of the Board has taken place. Hence, as a necessary corollary, the Board has not been able to meet and transact its business, as such, revenue generation of the Delhi Waqf Board has taken a blow, the petition has said.

The budget of the Delhi Waqf Board is also not prepared and forwarded to the State Government in a timely manner as required by the Waqf Act, 1995 and the Delhi Waqf Rules, 1997 which has caused inordinate delay in sending requisition for the Grant in Aid to the Delhi Government for first quarter of Financial Year 2022-2023. Furthermore, there are delays on the part of the Government of NCT of Delhi also in releasing the Grant in Aid, it added.

The plea stated the payment of salary to the employees is necessary to enable them to maintain their livelihood and denial of the same amounts to denial of Right to Life Guaranteed under Article 21 of the Constitution of India.