New Delhi, July 27th, 2010
The National Human Rights Commission has described an inordinate delay in payment of retirement benefits of an employee of Municipal Corporation of Delhi as inexcusable and said that this can not be overlooked. The Commission recommended that the Commissioner of MCD pay compensation of Rs. 25 thousand to Mrs. Usha Girdhar, retired Head Mistress, for violation of her human right to live with dignity and has sought a compliance report along with proof of payment within six weeks from the date of receipt of this recommendation.
Mrs. Usha Girdhar retired from MC Girls Primary School, Mukherjee Nagar, Old Delhi, on the 31st August, 2003. In her complaint to the Commission on the 1st July, 2004, she alleged that in spite of her several representations to the Director of Education, and the Commissioner of Municipal Corporation of Delhi her pension and GPF were not released.
On intervention of the Commission and subsequent to a number of notices including conditional summons in the matter issued by it to the concerned authorities, it was informed on the 19th February, 2010 that Mrs. Usha Girdhar’s retiral benefits totalling Rs. 6,62,774/- only were paid on the 9th May, 2006, i.e., 28 months after her retirement.
The Commission observed that the department took more than two years to reconstruct her duplicate service records even after an order in this regard was passed by the Public Grievances Cell of Delhi Government on the 21st April, 2004; whereas, admittedly, process for payment of retiral benefits to an employee is to be started six months before his/her retirement.
A show cause notice was issued to the Commissioner, MCD as to why the Commission should not recommend payment of nominal compensation of Rs. 25,000/- to the complainant. In reply , the MCD opposed the grant of compensation on the ground that the delay in processing of her papers was caused due to non receipt of her service records from the management of her previous employer, Shri Laxmi Kanya Primary School, which was taken over by the MCD.
Disagreeing with this contention, the Commission said that had this process been started in the right earnest, the duplicate service records of the complaint could have been prepared much earlier. Keeping in view the facts and circumstances of the case a compensation of Rs. 25,000/- was recommended to be paid to her by the MCD.