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Judgment
As Per: Hon’ble Mr. Ajay Pratap Singh, Member (J)
M.A./3767/2025 – Application for exemption.
In view of averments made in the M.A. – application for exemption is allowed being just an exception.
Accordingly, M.A./3767/2025 stands disposed of.
M.A./3766/2025 - Application for joining together.
Present O.A. has been filed by 3 applicants seeking release of arrears of salary and MACP with common reliefs against common cause of action.
In view of averments made in the M.A., present M.A. for joining together is allowed and applicants are permitted to contest the case in this O.A.
Accordingly, M.A./3766/2025 stands disposed of.
M.A./3765/2025 – Application for condonation of delay under Section 21 of the Administrative Tribunals Act, 1985, has been filed to condone delay in filing the O.A./3356/2025.
Learned counsel appearing for the applicants submits that present O.A. has been filed to release the arrears of salary due and admissible to the applicants on their regularization of services along with interest.
Learned counsel appearing for the respondents submits that the present O.A. is barred by limitation prescribed under the Administrative Tribunals Act, 1985.
Heard. We have considered the matter.
Applicants are seeking release of monthly salary along with arrears due to the applicants as arrears of salary and MACP arrears. The cause of action regarding non-payment of salary and benefits of MACP is a recurring cause of action and there is exceptions to principles of limitation as cause of action arises every month.
For the reasons stated hereinabove and reasons appears to be rational stated on affidavit.
Admittedly, there is no delay on the part of the applicants and delay is attributed on the part of the respondents due to paucity of funds.
So also in view of law laid down by the Hon’ble Supreme Court in case of M. R. Gupta vs. Union of India & Ors. reported in 1995 SCC (5) 628 and Union of India & Anr. vs. Tarsem Singh reported in 2008 (8) SCC 648, we are inclined to allow the application for condonation of delay in filing the present O.A.
Accordingly, the delay in filing the present O.A. is condoned and M.A./3765/2025 stands allowed and disposed of.
O.A./3356/2025
Applicants are working as Safai Karamchari in Municipal Corporation of Delhi (MCD) and have filed the present O.A. seeking direction to the respondents to release the arrears of salary on their regularization of services with interest.
Learned counsel appearing for the applicants contended that applicants are working as regular Safai Karamchari in Education Department of MCD. The applicants have been regularized in the service of establishment of respondents and the Corporation has not released the arrears legally admissible to the applicants.
Learned counsel appearing for the respondents fairly submits that arrears due and admissible to the applicants shall be released as expeditiously as possible. So also submits that due to paucity of funds in MCD, the arrears of salary and MACP arrears could not be paid on time and undertakes to make payments as expeditiously as possible on availability of funds in MCD.
Heard with consent. We have considered the matter.
The applicants are regular Safai Karamchari working in Education Department of MCD. The applicant no. 1 was regularized vide order dated 02.05.2017 w.e.f. 01.04.2015. Applicant no. 2 was regularized vide order dated 18.01.2018 w.e.f. 01.04.2007 and applicant no. 3 was regularized vide order dated 11.05.2017 w.e.f. 01.04.2015.
The fact of the matter that on regularization of services of the present applicants, the arrears of salary on regularization become due to them and same has not been paid till date. The respondents have admitted the claim of the applicants regarding payment of arrears of salary and MACP arrears. The calculation chart provided in counter reply is reproduced as under:-
CALCULATION CHART FOR SMT. OMWATI
S. NO. PARTICULARS AMOUNT IN (Rs.) CURRENT STATUS 1. Pay difference 2,28,183/- Bill Already Passed & re-fixation Pending for Payment 2. MACP Arrear 30,315/- Bill Already Passed & Pending for Payment 3. Total payable 2,58,498/- Bill Already Passed & due amount Pending for Payment
CALCULATION CHART FOR SMT. RAJWATI
S. NO. PARTICULARS AMOUNT IN (Rs.) CURRENT STATUS 1. Pay difference re-fixation 1,52,553/- Bill Already Passed & Pending for Payment 2. MACP Arrear 46,558/- Bill Already Passed & Pending for Payment 3. Total payable due amount 1,99,111/- Bill Already Passed & Pending for Payment CALCULATION CHART FOR SH. VIJAY KUMAR
| S. NO. | PARTICULARS | AMOUNT IN (Rs.) | CURRENT STATUS |
|---|---|---|---|
| 1. | Pay difference re-fixation | 2,26,678/- | Bill Already Passed & Pending for Payment |
| 2. | MACP Arrear | 30,315/- | Bill Already Passed & Pending for Payment |
| 3. | Total payable due amount | 2,56,993/- | Bill Already Passed & Pending for Payment |
Learned counsel appearing for the respondents submits that arrears towards salary and MACP dues could not be paid due to paucity of funds and shall be paid to the applicants as earliest as possible.
For the reasons stated hereinabove, the O.A. is allowed with the following directions:-
The respondents are directed to release all arrears of pay fixation and MACP arrears due and admissible to the applicants within a period of eight weeks from the date of receipt of certified copy of order passed today.
If the arrears due to the applicants are not paid within a period of eight weeks from the date of receipt of certified copy of order passed today then the same shall carry interest at the rate applicable to General Provident Fund Deposits from the date of entitlement till actual payments.
In view whereof, present O.A. stands allowed and disposed of in above indicated terms.
There shall be no order as to costs.