Delhi HC rejects plea challenging MCD's Smart App Attendance Mandate for Hospital Staff

Delhi HC rejects plea challenging MCD's Smart App Attendance Mandate for Hospital Staff

The Delhi High Court, in a recent decision, dismissed a petition that contested the directive issued by the Municipal Corporation of Delhi (MCD). This directive instructed hospital staff to record their daily attendance using the MCD Smart App.

Justice Chandra Dhari Singh emphasized that the execution of the MCD's ruling was closely linked to fostering discipline and guaranteeing accountability within the workforce. The Court additionally noted that the decision could be unequivocally identified as a step aimed at enhancing the healthcare system.

Furthermore, the Court highlighted that the absence of essential workers responsible for operating the healthcare system could potentially disrupt the overall effectiveness of the entire system.

The Paramedical Technical Staff Welfare Association, representing MCD staff, contested the app-based attendance system before the High Court. The municipal body oversees the operations of both the Maharishi Valmiki Infectious Disease (MVID) Hospital and the Rajan Babu Institute of Pulmonary Medicine and Tuberculosis (RBIPMT).

The main contention presented to the Court revolved around the implementation of the policy among employees who lack smartphones and are unfamiliar with operating the MCD Smart App.

Although concerns regarding privacy and app security were raised in front of the Court, Justice Singh ultimately concluded that the enforcement of app-based attendance wasn't arbitrary or unjustified.

The Court highlighted that owning a smartphone wasn't a mandatory requirement as alternate methods were available for marking attendance. Employees had the option to register their presence using a supervisor's or another employee's phone, as noted by the Court.

Therefore, the Court dismissed the assertion that employees were being forced to download the application or unfairly barred from marking their attendance because of a lack of smartphone access or technical expertise.

In light of a comparable system already in place in Telangana, Jammu and Kashmir, Jharkhand, and Andhra Pradesh, the Court observed that the MCD's decision did not contravene the law.

The Court also commented that technological advancements have significantly aided the public sector and that resistance against such progress reflects the employees' unwillingness to adhere to official directives.

Advocate CM Jha represented the petitioner.

Additional Standing Counsel Yeeshu Jain with Advocates Jyoti Tyagi, Manisha, and Hitanshu Mishra appeared for the State.

Standing Counsel Sanjay Vashishtha with Advocate Vishal Kumar represented the MCD.

Advocate Umesh K Burnwal represented the Union of India.

Case Title: Paramedical Technical Staff Welfare Association Of MCD v. Govt Of NCT Of Delhi & Anr

 

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