TELL US WHAT STEPS HAVE YOU TAKEN TO PROVIDE PENSION TO 2 LAKH OLD AGED DESTITUTE - DELHI HC ASKS DELHI GOVT
Delhi High Court (J. R. Midha J) today issued formal notices to the Commissioners of three Municipal Corporations and Chief Secretary of Govt. of Delhi directing them to file affidavits of compliance of the Order 20.01.2016 of a Division Bench of the High Court within two weeks.
Counsels appearing for the Municipal Corporations informed the Court that they have already provided lists to the Social Welfare Department, Govt. of Delhi of the applicants’ earlier drawing old age pension from the Corporations. The Counsel appearing for the Govt. though admitted the receipt of the lists of applicants but sought time saying that the Govt. was presently busy with the Elections which was seriously objected to by Advocate Ashok Agarwal appearing for the petitioner Social Jurist saying that “it seems that Delhi Govt. is not serious in the matter of payment of pension to 2 lakh old aged destitute who had not been paid pension for last 3 years”.
“Many old aged people waiting for their pension have already died and more would die if payment of pension is further delayed”, submitted Mr. Agarwal.
Justice J.R. Midha while listing matter for hearing for 01.06.2016 directed the Govt. of Delhi to take immediate steps to finalize the list of applicants and to make payment of pension to them and file an affidavit within 2 weeks as to what steps Delhi Govt. has taken to make payment of pensions to the old aged destitute.
The above order came on the contempt petition filed by the petitioner Social Jurist through Advocate Ashok Agarwal complaining that the three Municipal Corporations and the Govt of Delhi have failed to comply with directions given in Division Bench order 20.01.2016.
Next date of hearing is 01.06.2016
Ashok Agarwal Advocate
03.05.2016
M-9811101923
LIST OF DATES & EVENTS
20.01.2016 That the present petition is directed against the action of the respondents/contemnors no.1, 2 and 3 in willfully and deliberately disobeying and not complying with the directions of this Hon’ble Court passed vide order dated 20.01.2016 passed by the Hon’ble Division Bench of Delhi High Court comprising of B.D Ahmed and Sanjeev Sachdeva JJ passed in Social Jurist PIL titled as Social Jurist, A Civil Rights Group Vs. East Delhi Municipal Corporation & Ors. W.P (C) 469/2015
The petitioner submits that the said PIL came up for hearing before a Division Bench of this Hon’ble Court on 20.01.2016. It is submitted that the Hon’ble Judges were pleased to dispose of the said PIL directing all the three MCD to provide a list to the Govt. of MCD of Delhi and other details of the old aged pensioners/beneficiaries under the MCDs within four weeks. Thereafter the further steps would be taken by the NCTD of Delhi under the said schemes.
08.02.2016 The petitioner submits that they have sent a letter dated 08.02.2016 to all the three Municipal Commissioners along with a copy of the Order dated 20.01.2016 passed by this Hon’ble Court in the above said PIL. However the respondent /contemnors have not done anything to comply with the Orders of this Hon’ble Court.
20.02.2016 It is submitted that the said period of four weeks has since expired on 20.02.2016 and till date the respondent/contemnors have not given list of beneficiaries / old aged pensioners to the Govt. of NCTD. It is respectfully submitted that because of the above mentioned disobedience, nearly 2 Lacs old aged persons/beneficiaries are continuously undergoing mental agony and harassment.
Hence the present Contempt Petition
IN THE HIGH COURT OF DELHI AT NEW DELHI
Cont. (Case) NO.250 OF 2016
IN
W.P. (C) NO. 469 OF 2015
IN THE MATTER OF:-
Social Jurist, A Civil Rights Group,
Through Advocate Mrs. Kusum Sharma, President
478-479, Lawyers’ Chambers, Western Wing,
Tis Hazari Courts, Delhi-110054 ……..Petitioner
Versus
1. Sh. Amit Yadav, Commissioner
East Delhi Minicipal Corporation,
419, Udyog Sadan Patpar Ganj,
Industrial Area, New Delhi-110096
2. Sh. P.K Gupta, Commissioner
North Delhi Municipal Corporation,
Dr. SPM Civic Centre, Minto Road,
New Delhi-100002
3. Dr. Puneet Goel, Commissioner
South Delhi Municipal Corporation,
Dr. SPM Civic Centre, Minto Road,
New Delhi-100002
4. Sh. Kewal Krishan Sharma,
Chief Secretary,Govt. of NCTD
A- Wing, 5th Floor
Delhi Secretariat,
New Delhi-110113
……Respondents/Contemnors
AND
IN THE MATTER OF:-
Contempt petition under 11 & 12 of the Contempt of Courts Act, 1971 for initiating contempt proceedings against the respondents /contemnors for deliberate disobedience of the order dated 20.01.2016 passed by the Hon’ble Division Bench of Delhi High Court comprising of B.D Ahmed and Sanjeev Sachdeva JJ passed in Social Jurist PIL titled as Social Jurist, A Civil Rights Group Vs. East Delhi Municipal Corporation & Ors. W.P (C) 469/2015
To,
The Hon’ble Chief justice
Of High Court of Delhi at New Delhi
and his companion justices of the said High Court
Respectfully Showeth:-
1. That the present petition is directed against the action of the respondents/contemnors no.1, 2 and 3 in willfully and deliberately disobeying and not complying with the directions of this Hon’ble Court passed vide order dated 20.01.2016 passed by the Hon’ble Division Bench of Delhi High Court comprising of B.D Ahmed and Sanjeev Sachdeva JJ passed in Social Jurist PIL titled as Social Jurist, A Civil Rights Group Vs. East Delhi Municipal Corporation & Ors. W.P (C) 469/2015
A true copy of the order dated 20.01.2016 is annexed herewith as ANNEXURE-P1.
2. That the brief facts of the case are submitted hereinafter as under.
3. That the petitioner had filed PIL highlighting the fact that the respondent EDMC had abruptly stopped paying the pensions to nearly 44800 disabled/widow/old aged persons who were allowed stipend/pension under MCD pension schemes. It was submitted that the said action on the part of respondent EDMC was arbitrary, illegal, unjustified and also in utter violation of the fundamental right to life of the affected persons.
4. It is submitted that during the pendency of the said PIL, the NDMC, SDMC and Govt. of NCT of Delhi were impleaded as respondents. It is submitted that as per NDMC affidavit, nearly 85000 and as per SDMC 81800 persons were the beneficiaries and were not paid stipend/pension due to financial crunch. It is submitted that nearly 2 Lacs old aged pensioners were denied monthly pensions/stipends by three MCD that badly affected the lives of these 2 Lacs old aged persons.
5. The petitioner submits that the said PIL came up for hearing before a Division Bench of this Hon’ble Court on 20.01.2016. It is submitted that the Hon’ble Judges were pleased to dispose of the said PIL directing all the three MCD to provide a list to the Govt. of MCD of Delhi and other details of the old aged pensioners/beneficiaries under the MCDs within four weeks. Thereafter the further steps would be taken by the NCTD of Delhi under the said schemes. It is submitted that the said period of four weeks has since expired on 20.02.2016 and till date the respondent/contemnors have not given list of beneficiaries / old aged pensioners to the Govt. of NCTD.
6. The petitioner submits that they have sent a letter dated 08.02.2016 to all the three Municipal Commissioners along with a copy of the Order dated 20.01.2016 passed by this Hon’ble Court in the above said PIL. However the respondent /contemnors have not done anything to comply with the Orders of this Hon’ble Court.
A true copy of letter dated 08.02.2016 is annexed herewith as ANNEXURE P-2
7. It is respectfully submitted that because of the above mentioned disobedience, nearly 2 Lacs old aged persons/beneficiaries are continuously undergoing mental agony and harassment.
8. That the respondents/contemnors are the person responsible for
the implementation of the order/direction dated 20.01.2016
passed in W.P (C) 469/2015.
9. That the petitioner has not filed any other similar petition either in this Hon’ble Court or in any other High Courts India and in the Hon’ble Supreme Court of India and no such matter is pending.
10. That the annexures annexed to the contempt petition are true and correct copy of its original.
PRAYER
In the premises aforesaid this Hon’ble court may be pleased to:-
(a) Initiate contempt of court proceedings against the respondents/contemnors for deliberately disobeying and not complying with the orders/directions dated 20.01.2016 of this Hon’ble court decided in WP(C). 469/2015and punish them in accordance with law.
(b) Any other appropriate order which this Hon’ble court may deem fit and proper in the facts and circumstances of the case.
(Ashok Agarwal & Aarushi Agarwal)
Advocates for the Petitioner
Ch. No. 483, Block-II, Lawyers Chamber,
Delhi High Court, New Delhi-110003
Ph: 9811101923, 9818026552
New Delhi
Dated: 11.03.2016
No comments:
Post a Comment