The Delhi High Court issued notice over the delayed salary payments to staff members of twelve DU colleges funded by the Delhi government. It has directed the government to release the necessary funds within 7 days. Failure to comply with the court’s orders could result in contempt charges being filed against senior government officials.
NEW DELHI: (On May 10): The Delhi High Court issued a directive to the Delhi Government, asking them to release funds within a week to twelve fully state-funded colleges under Delhi University (DU). The funds are intended for the payment of salaries to the staff members.
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The court directed that contempt notices may be issued to senior Delhi government officers, including Minister Atishi, if the orders are not complied with.
In response to a plea seeking contempt action against Minister Atishi, the secretary of the Department of Higher Education, R. Alice Vaz, and the director of the department, Bhupesh Chaudhary, the Delhi High Court has taken a strong stance.
“Ensure salaries are promptly paid. We won’t tolerate delays. We’re closely monitoring your department’s actions, along with others. We’re on the edge, waiting for the last straw. Time’s running out for patience,” cautioned the judge to the Delhi government department counsel.
The plea alleges that these officials intentionally disregarded the court’s previous directions issued in April. The contempt petition was filed by serving and retired teachers of Deen Dayal Upadhyay (DDU) College, who claimed that despite the court’s order, the authorities failed to provide an affidavit with specific timelines as requested.
Advocate Monika Arora highlighted that the salaries of college staff for the months of March and April have not been released by the Delhi government. She noted that while salaries were paid regularly for the past 30 years, issues have arisen in the last four years, leading to repeated court interventions.
On April 16, the court instructed both the Delhi government and DDU College to submit an affidavit detailing the budgetary allocation of the college and the funds released by the Delhi government. They were also required to explain if the salaries for the next six months were considered in the budgetary allocation and provide information on when the salaries for March and April would be released.
Advocate Jawahar Raja, representing the minister and department officers, argued that the state government only provides grant-in-aid and that the college is responsible for paying salaries. However, the court emphasized that the employees’ primary concern is receiving their salaries, and the issue of who pays them is irrelevant to both the employees and the court.
The judge directed that sticking to their view could result in contempt charges being filed against the alleged perpetrators, who would be required to personally appear and explain their actions. The court clarified that Delhi University has no control over the college or its staff, and the responsibility lies solely with the concerned department.
“The funds allocated to the college are merely a form of assistance. They are required to generate their own internal funds. I have no authority over their administration. They fall under Delhi University, which is governed by the central government. Either the central government should disaffiliate them and affiliate them with the Delhi government’s university, or they should provide the necessary funding,” he argued.
However, the judge asserted that employees simply seek their salaries, regardless of who provides them, a sentiment echoed by the court.
“This matter has been raised before. Despite being informed, the department has maintained its stance. If you persist in your position, you will face the consequences, including contempt charges. We will issue contempt notices to the alleged violators, summoning them to explain,” the court stated.
Furthermore, the court clarified,
“Regardless of the arrangement, you must address the issue with them. Delhi University has no jurisdiction over the college or its staff. It functions like any other affiliated university, lacking control over the college or its employees.”
Raja, referring to the affidavit filed by the department’s director, highlighted that the release of grant-in-aid for DDU College’s first installment is still pending, awaiting approval from the finance or planning department of the Delhi government.
Assuring the court, Raja pledged that the amount would be disbursed to the college within a week.
“We trust that it will be completed within the week,” the court responded, instructing DDU College to allocate the released funds strictly for the payment of salaries and pensions for the petitioners and similar staff before considering any other expenses.
The court directed DDU College to strictly utilize the funds for the payment of salaries and pensions of the petitioners and other staff members in similar situations before allocating them for any other purpose. The matter has been listed for compliance with the court’s order on July 15.
