SURYA BHAN YADAV Vs. U.P. JAL NIGAM

JUDGEMENT

(1.) Heard Ms. Savita Jain, learned counsel for the petitioner and Sri Rishabh Kapoor, learned counsel for the U.P. Jal Nigam. By means of this petition, the petitioner has placed reliance upon the order dated 16.5.2019 passed in Writ Petition No.14010 (S/S) of 2019, Jawahar Lal Vs. U.P. Jal Nigam, Lucknow and others, by submitting that such types of orders being passed by this Court in similar mattes. Sri Rishabh Kapoor has not disputed this fact, however he has placed reliance upon the order dated 8.7.2019 passed by this Court at Allahabad in Writ-A No.8233 of 2019, Jagmohan Vs. State of U.P. and 4 others, by submitting that this Court while considering the grievance of the identically placed employees vis-a-vis stand of the U.P. Jal Nigam directed the State Government to look into the matter seriously and serious endeavour be carried out so that the retired employees could get their admissible dues. For the convenience, the order dated 8.7.2019 passed by this Court at Allahabad in Writ-A No.8233 of 2019 is being reproduced herein below:- "Sri Raju, the Chief Accounts Officer of U.P. Jal Nigam, Lucknow is personally present in the Court.

(2.) The affidavit of the Chief Accounts Officer, U.P. Jal Nigam, Lucknow filed today only discloses that the retiral dues of one petitioner in the connected petition namely Jagmohan has been completely paid. In the order dated 30.05.2019, this Court has taken exception to the position brought in the affidavit of the Managing Director of the U.P. Jal Nigam wherein it is disclosed that out of 3051 employees retired in the last three years, retiral dues of only 740 employees had been paid. More than 2200 employees of U.P. Jal Nigam have not been paid their retiral dues for the last three years. It has also taken note of the fact that the act of withholding of retiral dues of its employee has resulted in repeated filing of the writ petitions and the Contempt petition before this Court and has resulted in continuous harassment of the employees of the Jal Nigam. Taking note of this fact, the Court has also observed that the U.P. Jal Nigam being a State instrumentality, the Additional Chief Secretary of the Department is answerable. A direction was, therefore, issued to the Additional Chief Secretary of the department to file his personal affidavit clarifying as to how the State proposes to ensure that the dues of the retired employees of the U.P. Jal Nigam are cleared forthwith. In the personal affidavit of the Principal Secretary, Urban Development Department, U.P. Lucknow filed on 01.07.2019, nothing concrete has been brought before this Court. Only stand has been taken therein that the scheme framed by the Managing Director of the U.P. Jal Nigam shows his sincere effort to make payment of the retiral dues to its employees. It is also sought to be submitted that the U.P. Jal Nigam is an autonomous body created under the U.P. Water Supply and Sewerage Act' 1975 and its function is to render all necessary service with regard to water supply and sewerage to the State Government, local bodies and to operate, run and maintain any water works and sewerage system. Under Section 17 of the Act' 1975, the U.P. Jal Nigam gets supervision and centage charges included in the cost of any scheme of work, the execution whereof is undertaken by it. The main source of income of the U.P. Jal Nigam, thus, is the centage for the work done by it which is 12.5% of the total cost of work under the Government order dated 22.10.2004.

(3.) It is, thus, sought to be submitted that the U.P. Jal Nigam, Lucknow is responsible for payment of salary and retiral dues to its employees from the money it gets from the State Government towards centage of 12.5% of the total cost of work in accordance with the Government order dated 22.10.2004. However, nothing has been brought on record as to what steps are to be taken at the ends of the office of the Principal Secretary, Urban Development, U.P., Lucknow for the crisis being faced by the U.P. Jal Nigam on account of shortage of funds in the Jal Nigam for payment of salary and retiral dues to its employees. No concrete proposal has been brought before the Court to address the said situation. Sri Pranjal Mehrotra learned Advocate appearing for the U.P. Jal Nigam placing two letters of communication sent by the Managing Director and the Chairman of U.P. Jal Nigam to the Principal Secretary, Urban Development Department, U.P. Lucknow dated 16.04.2019 and 06.07.2019 submits that the amount of Rs.344.97 crores +232.36 crores has not been released by the State Government till date which is due towards 12.5% of the total cost to be paid of the work done by the U.P. Jal Nigam on behalf of the State Government. As a result of it, the Managing Director and the others staff of the Jal Nigam are not getting their salary for the last three months. There is no response from the office of the Principal Secretary, Urban Development Department, U.P. Lucknow to the letters written by the Managing Director and the Chairman of the Jal Nigam as aforesaid. It is also submitted at the bar that the amount as noted above is due for the last about one and a half year. As these facts are not part of record of the affidavit filed on behalf of the U.P. Jal Nigam, Sri Pranjal Mehrotra learned Advocate prays for and is granted ten days time to file personal affidavit of the Managing Director, U.P. Jal Nigam in this regard. Learned Standing Counsel shall also complete his instructions regarding the above stand taken by the learned Advocate for the U.P. Jal Nigam and file personal affidavit of the Principal Secretary, Urban Development Department, U.P. Lucknow to bring the solution before the Court to address the crisis being faced by the U.P. Jal Nigam by the next date fixed. Let the present petition be posted on 19.07.2019 in the additional cause list alongwith all connected matters.