A former municipal councillor Neelam Dhiman has approached the Delhi High Court seeking retirement benefits for her work as a nurse in an MCD hospital.
The petitioner worked for the MCD (Municipal Corporation of Delhi) as a Public Health Nurse (PHN). In 2012, she was elected as the municipal councillor.
The petitioner, who is 67 years old, challenged the Central Administrative Tribunal’s (CAT) order of September 20, 2022, which dismissed her appeal against the MCD commissioner’s denial of her retirement benefits.
A division bench of Justice Kameswar Rao and Justice Anoop Kumar Mendiratta directed the parties to file their written submissions by the next hearing date i.e., on 26th September 2023.
Advocate Gagan Gandhi, who appeared on behalf of the petitioner, stated that Neelam joined MCD on March 23, 1985. In 1997, she was promoted to the position of public health nurse (PHN) in the School Health Scheme.
Advocate Gandhi further stated that the petitioner resigned from her post on March 21, 2012, to file the nomination for MCD elections. She contested and was elected as a municipal councillor.
It is her case that on March 26, 2012, her resignation was accepted. She also deposited Rs 2,09, 217 with the MCD as salary, which the civic body accepted.
According to the petition, she sent a letter to the Deputy Commissioner of MCD in May 2013 requesting service benefits, which were not granted by the body.
The petition also stated that the MCD sought clarification from the Department of Personnel and Training (DoPT) in January 2015 regarding the conversion of resignation into VRS on the Petitioner’s request in November 2014.
“The Standing Committee of the MCD in November 2015 approved a resolution to treat her resignation as retirement under VRS. Thereafter, in 2016 the MCD against sought clarification from the DoPT,” the petition stated.
In April 2018, the DoPT stated that there is no rule governing the conversion of resignation into voluntary retirement, and that the matter is therefore up to the MCD.
Her subsequent request to the MCD to release service benefits was denied in July 2018. The petitioner then appealed to the CAT. In 2022, the CAT denied her appeal.
