The Centre cannot shy from its obligations relating to Delhi's municipal corporations, AAP government told the High Court here today, even as the civic bodies claimed that funds were not being released by the state.
The municipal corporations told a bench of Chief Justice G Rohini and Justice Jayant Nath that barring some employees of East Delhi Municipal Corporation (EDMC), all others have been paid salary for the month of February.
They alleged that Delhi government was "playing hide and seek" and holding up the finance despite knowing everything.
To this, the bench observed "the issue is that the corporations say they have no funds and Delhi government says they have released the funds. This is the issue which requires consideration by us."
The counsel appearing for the employees union referred to the supplementary affidavit filed by Delhi government and claimed that it showed that they were holding the funds.
"They (Delhi government) say they have accepted the recommendations of the Fourth Delhi Finance Commission. The Centre has nothing to do with this," the counsel said. The Commission's report recommends measures to improve the financial health of the three municipal bodies.
Countering the submissions, senior standing counsel of Delhi Government Rahul Mehra said, "Central Government has everything to do with this. ... Yesterday, the Delhi budget has been passed. Rs 1,000 crore extra amount has been allocated only for corporation matters."
The bench then asked him, "The petitioners are saying that you have not implemented the report of 4th Delhi Finance Commission. Why have you not implemented it?"
Responding to this, Mehra said "There is a problem. The report (of Fourth Delhi Finance Commission) has been passed by the Delhi assembly. The Centre cannot say they do not have any obligation. They cannot shy away from their obligations".
At this juncture, the bench said, "Sorry, this is not the way. We cannot appreciate this. You are a state."
The bench then asked Delhi government and other parties to file their affidavits on the issue and posted the matter for further hearing on April 7.
At the fag end of the hearing, the court was informed
that salaries of doctors of EDMC for the month of February have not been paid.
However, the court said it will consider the issue on the next date of hearing.
The bench had on March 21 asked the municipal corporations to ensure payment of salaries to all employees for the month of February by today.
Earlier, a PIL by one Birender Sangwan had sought lifting of garbage littered on streets due to safai karamchaaris' strike in January and that the stir be called off as it was causing hardship to public. The employees had called of the strike after their salaries till the month of January 2016 were paid.
Another petition filed by D P Chandel, President of Indian National Trade Union Congress, had sought directions to Delhi government and EDMC to release arrears as per the 6th Pay Commission to employees of the civic body.
The plea, also by Rakesh Vaid, its General Secretary, has sought release of salaries in the first week of each month.
In January end, another petitioner Rahul Birla had moved the court when safai karamchaaris had gone on strike, claiming that the authorities were not paying salaries and arrears since 2003 to the MCD workers.
He had said that workers of North, South and East Delhi Municipal Corporations had gone on strike in 2015 too leading to "accumulation of garbage for number of days at different places which made the lives of people pathetic and miserable".
