NHRC, India ii. In response to the Commission’s directions, the Chief Medical Officer, (Med.) Health Department, East Delhi Municipal Corporation reported that the commutation of pension of Rs.13,37,261/- and the payment of Death-cum-Retirement Gratuity (DCRG) of Rs.11,44,440/had been passed, but the payment could not be released as East Delhi Municipal Corporation is facing financial crisis. iii. On perusal of the record of the case, the Commission observed that admittedly, complainant’s bills pertaining to commutation of pension and the DCRG were not paid by East Delhi Municipal Corporation, even after lapse of one year from the date of approval of the bill, due to non-availability of funds. Prima facie, there was violation of human rights by the officials of East Delhi Municipal Corporation by not paying the legitimate dues of the complainant after his retirement. Taking a serious note of such human right violations, the Commission issued notice to the Chief Secretary, Government of NCT of Delhi, to show cause as to why interim relief of monetary compensation of Rs. 25,000/- (Rupees twenty-five thousand only) shall not be granted to the complainant as per Section 18a(i) of the Protection of Human Rights Act, 1993. iv. Further, the Chief Secretary, Government of NCT of Delhi, the Director, Local Bodies, Government of NCT of Delhi and the Commissioner, East Delhi Municipal Corporation were also directed to make the payment of all legitimate dues of the complainant within two weeks along with due interest to submit Action Taken Report along with proof of payment to the Commission. v. The Commission further considered the matter and perused that the reports received from the State Authorities revealed that not only the petitioner, but large numbers of employees (about 1885) were not paid their terminal benefits. The employees had also not been paid their salaries after March 2018 and the terminal benefits were also not paid to the retired officials due to the deep financial crisis. The Commission had directed the State Authorities to submit the complete report in the matter. vi. Pursuant to the directions of the Commission, the Deputy Controller of Accounts, HQ, East Delhi Municipal Corporation reported that due to paucity of funds, there is a delay in payment of salary, arrears and terminal benefits. An amount of approximately Rs. 1700 crore liability of employees was lying with EDMC for which the Government of NCT Delhi has been repeatedly requested for release of funds. vii. Further, the Government of NCT of Delhi reported that the financial release of Government of NCT of Delhi to the Urban Local Bodies is subject to a legal mechanism of the decisions on the recommendations of Delhi Finance Commission. The Government is not obligated to pay beyond the decisions of the Delhi Finance Commission. The Government is not obligated to resolve the individual staff grievances and the Commissioner, EDMC has executive powers to resolve the grievances of the complainant. Sufficient funds are being provided by the Government to EDMC and it is the responsibility of EDMC to sort out the salary and pension issues of the employees working in the EDMC. ANNUAL REPORT 117 2021-22

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