East Delhi Municipal Corporation (EDMC) has told Delhi High Court that it has decided to continue its pension scheme covering over 30,600 disabled, widowed and elderly persons, subject to availability of funds.
EDMC told the court that the resolution to continue with the scheme was taken in a meeting of the standing committee of its house before which it had placed a proposal on whether the scheme should be done away with as the pensions has been stopped since March, 2013.
EDMC has also said "the distribution of pension is a discretionary function of the corporation, provided under the statute i.E. Delhi Municipal Corporation Act, 1957 (section 43) and same is subject to availability of funds."
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It told the court that pension funds to the tune of Rs 107.52 crore has not been paid for the last 24 months due to lack of funds.
The corporation made the submissions in an affidavit filed in the court pursuant to its April 8 direction to EDMC to take a policy decision with regard to its pension scheme.
On April 8, the court had pulled up all the corporations, including EDMC for "fooling" disabled, widowed and aged persons, in their areas, by not paying any pension to them since March 31, 2013, and asked them to cancel the scheme if they did not have money.
The court's direction had come on a PIL filed by NGO Social Jurist through advocate Ashok Aggarwal claiming that the municipal body had stopped paying the pension under the old-age/widow/disabled persons pension and stipend scheme.
EDMC has contended that the PIL was not maintainable as distribution of pension is its discretionary function.
The NGO's petition has termed the denial of pension to the old and the disabled as a violation of fundamental rights.
"The action on the part of the corporations is arbitrary, illegal, unjustified and also in utter violation of the fundamental right to life of the affected persons," it said.
