A day after being rapped by the Bombay high court, the municipal corporation apologised for its “oversight and mistake” due to which they had not paid subsistence allowance and salary to a reinstated civic engineer since March 2010.
Pointing out that 60% of cases landed up in court because of the corporation’s inaction, the judges, on Thursday, had said that the Brihanmumbai Municipal Corporation (BMC) should be “closed down” and “private persons” be allowed to run it.
Accepting the apology, the court on Friday warned the BMC to be careful in future and try and sort things at its level so that citizens are not forced to move court and spend on litigation.
A division bench of justice PB Majmudar and justice Amjad Sayed was hearing a petition filed by civic engineer Ravindra Tripathi challenging the BMC’s decision to suspend him for 16 months, then revoking the suspension and ordering a departmental inquiry.
Tripathi has also challenged non-payment of salary after he resumed duty in March 2010.
In his petition, he also suggested that the municipal corporation be handed over to private persons for better functioning.
“This was an avoidable litigation,” said justice Majmudar.
Anil Sakhare, counsel for the BMC, informed the court that it was due to oversight and mistake that subsistence allowance was not paid to Tripathi.
Sakhare assured that the BMC will pay Tripathi a subsistence allowance of Rs 1 lakh by March 1, and unpaid salary of Rs 3.47 lakh by March 4.
“It is settled that the person under suspension is entitled to subsistence allowance and on reinstatement his paid salary,” the bench said.
“In future, the BMC, at its level, shall try to verify and see that a person does not approach the court if his legitimate grievance can be addressed,” the bench added.