HARNAM SINGH Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition as a Public Interest Litigation (PIL) stating that he is a social activist and former Chairman of Delhi Commission for Safai Karamcharis (DCSK), Government of National Capital Territory of Delhi (GNCTD). The petitioner has shown concern in respect of sanitation workers and has prayed for the following reliefs:

(2.) A common counter-affidavit has been filed on behalf of the respondents No.2 and 3/ National Commission for Safai Karamcharis (NCSK) and Union of India (UOI) respectively, wherein it has been stated that the NCSK was constituted on 12/8/1994 as a statutory body by an Act of Parliament, viz. National Commission for Safai Karamcharis Act, 1993 for a period of three years, i.e. up to 31/3/1997. The validity of the NCSK was extended periodically and it finally lapsed on 29/2/2004. It has been further stated that now the Commission is acting as a non-constitutional, non-statutory and non-permanent body under the Ministry of Social Justice and Empowerment and its tenure was also extended from time to time. The tenure of the present Commission was extended up to 31/3/2022.

(3.) It has been stated that as per the Constitution of India, the subject 'Sanitation' is a State Subject, and the concerned State has to constitute relevant State Commissions for the same. Sanitation workers are local employees in the administrative control of the State Government. Accordingly, for Delhi, the Delhi Commission for Safai Karamcharis Act, 2006 is in force. The DCSK has been constituted under Sec. 3 of the said Act of 2006 for the purpose of safeguarding the rights and interest of Safai Karamcharis in the National Capital Territory of Delhi. The Commission includes a Chairperson and two part-time Members.