LI Network
Published on: December 27, 2023 at 13:56 IST
In a recent ruling, the Delhi High Court has determined that the policy mandating the marking of attendance by paramedical staff of the Municipal Corporation of Delhi (MCD) through the “MCD SMART Mobile Application” is neither arbitrary nor unjust.
Justice Chandra Dhari Singh stated that the requirement for paramedical staff to mark attendance using the app does not infringe on privacy rights.
Justice Singh emphasized that ownership of a smartphone is not obligatory for all employees, as alternate methods exist for attendance marking. Staff members can opt to mark themselves present through a supervisor or another employee’s phone.
The Court dismissed concerns regarding privacy and security, noting that the application was developed by a reputable body under the Ministry of Electronics and Information Technology, ensuring due diligence in addressing potential security threats.
The case originated from a plea filed by the Paramedical Technical Staff of MCD, challenging a communication from August 18, 2022, which directed the release of salaries only after marking attendance through the MCD SMART App via smartphones.
Highlighting the critical role of healthcare staff in the public system, the court acknowledged the necessity for a reliable attendance system to maintain effective functioning. It endorsed the introduction of the system as a means to enhance transparency, efficiency, and the timely delivery of services and welfare schemes to the public.
The court asserted that the system’s introduction in the MCD is not deemed illegal and serves the desirable objective of instilling discipline among employees, particularly in patient-centric roles.
It noted that employees have multiple options for attendance marking, including using smartphones owned by supervisors or other mapped employees.
In conclusion, the court rejected the contention that employees were being compelled to purchase smartphones, emphasizing that technological advancements should be embraced for the benefit of public sectors.
The case, titled PARAMEDICAL TECHNICAL STAFF WELFARE ASSOCIATION OF MCD v. GOVT. OF NCT OF DELHI & ANR,