Dengue:Concerns on inefficiency of municipal employees fallen on deaf ears, HC

Since October 6, 2021, when we passed the said order in a batch of petitions including contempt case, the situation in the city has only worsened, the bench said.Questioning if the spread of dengue was rocket science, the court asked the municipal body to state its action plan to deal with the disease, the number of persons looking after the spread as well as the number of infections this year, and the reason behind any increase.

The Delhi High Court Tuesday expressed its distress over the spread of dengue in the city, saying that the concerns raised by it for the lack of efficient functioning of municipal employees have "fallen on deaf ears". A bench headed by Justice Vipin Sanghi said that this year witnessed a "big surge" in the number of dengue cases which resulted in several fatalities and sought an affidavit from the municipal body on the steps taken by it to control mosquito breeding. The court, which was hearing South Delhi Municipal Corporation's plea against the Delhi government's decision to seek retrospective recovery of grants-in-aid from municipal bodies, also clarified it would not exercise its discretionary jurisdiction in favour of the corporation and its employees if "the situation on the ground does not improve". The bench, also comprising Justice Jasmeet Singh, said while it has been dealing with the aspect of non-payment of salaries by the corporations to its employees, it cannot be that "only salaries are paid but no work (is done)".

It said that while it had earlier hoped that the municipal corporations would be performing their functions and duties in the right earnest to realise the "ultimate goal of making Delhi a world-class city", the condition has only worsened. "On October 6, 2021, we had voiced our concern that while the municipal employees are clamouring for payment of their dues, the city was suffering on account of lack of efficient functioning of municipal employees… It appears that the observations have fallen on deaf ears. Since October 6, 2021, when we passed the said order in a batch of petitions including contempt case, the situation in the city has only worsened," the bench said.

Questioning if the spread of dengue was "rocket science", the court asked the municipal body to state its action plan to deal with the disease, the number of persons looking after the spread as well as the number of infections this year, and the reason behind any increase. ''How can it be that every year dengue is increasing? Is it not a municipal function? We are at pains to understand what is happening? Is it some rocket science that after the monsoon there will be mosquitos? After monsoons, there will be dengue. It's been a pattern for the last 15 to 20 years. Is there some rocket science involved? Is there no planning? Is there no thought process?" the court questioned. "Is it that the municipality has given up everything and it is only to collect taxes and disburse salaries? We will not entertain this petition. How do they expect salaries if they don't do work,'' it further said. "Obviously your mosquito checkers, breeders are doing nothing. They are not going to the ground. Probably they are just marking their attendance and you are paying them, that's all… How many of them have been given a show cause for dereliction of duty?" the bench remarked. SDMC counsel assured the court that he shall communicate with the municipal commissioners of all the three corporations and place before it the steps which have been taken to control mosquito breeding. "Let an affidavit as regard be filed within two weeks by the petitioner (SDMC) disclosing what steps have been taken on the ground and not just on paper… Let a meeting of chairpersons of all the corporations and NDMC and the chief executive of Delhi Cantonment Board be convened within one week from today. For the sake of convenience, we appoint Municipal Commissioner of Delhi Municipal Corporation as the nodal officer for calling and conducting the said meeting," the court ordered. The court also asked the corporation to place on record the steps taken concerning "geo-tagging" their employees and marking biometric attendance. In its petition, SDMC has challenged a Delhi cabinet decision of January 2019, directing retrospective recovery of grants and aid from the petitioner and other local bodies with effect from April 2016. SDMC has contended that the decision is arbitrary and void and sought a direction to the Delhi government to refund the amounts consequently deducted. The court granted two weeks to the Delhi government to file its counter-affidavit to the petition. The issue concerning the spread of dengue would be heard next on December 1.

On October 6, while dealing with a batch of petitions relating to non-payment of salaries and pensions to certain municipal employees, the court had expressed its displeasure at the state of cleanliness and upkeep of the national capital.

It had said it was not obliged to come to the aid of municipal workers when they were not discharging their functions on the ground, leaving the city in a "dismal state". "It appears that the municipal employees, especially safai karamcharis, are not discharging their duties... As a result, in the city, there is an increase in the case of dengue, collection of garbage and malba, and broken roads and pavements," the bench had stated.

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