NHRC recommends rupees 25,000 compensation for ex MCD employee
7/28/2010
Describing as "inexcusable" the inordinate delay in payment of retirement benefits of an MCD employee, the National Human Rights Commission (NHRC) recommended that the MCD pay Rs 25,000 as compensation to the employee.
NHRC said such a delay in payment of retirement benefits by MCD was inexcusable and added this matter cannot be overlooked.
The Commission recommended that the MCD Commissioner pay a compensation of Rs 25,000 to Ms Usha Girdhar, retired head mistress, for violation of human rights to live with dignity and sought a compliance report along with proof of payment within six weeks from the date of receipt of this recommendation.
NHRC, in its statement said, Ms Girdhar retired from MCD Girls Primary School, Mukherjee Nagar, on August 31, 2003.
In her complaint to the Commission dated July 1, 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 notices, including conditional summons in the matter issued by the authorities concerned, it was informed on February 19 that Ms Girdhar’s retirement benefits, totalling Rs 6,62,774 only, were paid on May 9, 2006, that is, 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 April 21, 2004, whereas, admittedly, process for payment of retiring 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 had this process been started in right earnest, the duplicate service records of the complainant 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 MCD.
UNI