Delhi High Court dismisses plea by MCD paramedical staff challenging app-based attendance

The Delhi High Court recently rejected a petition challenging an order by the Municipal Corporation of Delhi (MCD) directing its staff in hospitals to mark their daily attendance through the MCD Smart App [Paramedical Technical Staff Welfare Association Of MCD v. Govt Of NCT Of Delhi & Anr]..Justice Chandra Dhari Singh ruled that the implementation of the MCD's decision was intricately connected to instilling discipline and ensuring accountability among the employees. The Court also observed that the decision can be “unequivocally” characterised as a measure taken for the improvement of the healthcare system.“In the present case, the said executive decision is related to the employees working in the health sector where indiscipline by the said employee can directly affect the effective functioning of the hospitals run by the respondent MCD,” it added..The Court further observed that the absence of workers entrusted to run the healthcare system could create a situation which can hamper the effective functioning of the entire system..The app-based attendance had been challenged before the High Court by Paramedical Technical Staff Welfare Association representing staff of the MCD. The municipal body runs the Maharishi Valmiki Infectious Disease (MVID) Hospital and the Rajan Babu Institute of Pulmonary Medicine and Tuberculosis (RBIPMT).The principal argument before the Court was that the policy was being implemented among those employees who do not have smart phones and do not know how to operate the MCD Smart App. Concerns surrounding privacy and app security were also raised before the Court..However, Justice Singh concluded that the decision to enforce app-based attendance was not arbitrary or unfair. The Court noted that the possession of a smart phone was not necessary, since employees can mark attendance through alternate methods as well. Employees could opt to mark themselves present either through the supervisor or any other employee’s phone, the Court observed. Thus, the Court rejected the argument that employees were being coerced into downloading the application or that they were being arbitrarily prevented from recording their attendance due to lack of access to smartphones or technical knowledge. .On the argument of privacy and security, the Court noted that the app was developed by the National Informatics Centre, which is under the Ministry of Electronics and Information Technology, and that security audits for the app have also been completed.“Thus, the submission of the learned counsel for the petitioner that the Application is created by an unknown or not secure source is rejected,” the Court said..The Court also noted that a similar system had earlier been introduced in Telangana, Jammu and Kashmir, Jharkhand and Andhra Pradesh. In this backdrop, the Court opined that the MCD’s decision was not illegal.“The introduction of such a system is to ensure transparency and efficiency of working by state departments and timely delivery of service and welfare schemes to the public, an objective desirable for any public entity,” the Court reasoned..It also remarked that the advancement of technology has helped the public sector in many ways and that protesting against it only shows the intent of the employees to not comply with the official orders..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..[Read Judgment]