New Delhi, Dec 27 Justice Chandra Dhari Singh of the Delhi High Court has deemed the policy of mandatorily marking attendance for paramedical staff of the Municipal Corporation of Delhi (MCD) through the ‘MCD SMART Mobile Application’ as fair and not arbitrary.
The court said that the obligation to purchase or possess a smartphone does not apply universally, as employees have alternative methods to mark attendance. They can choose to do so through a supervisor or another employee's phone, eliminating the necessity for personal smartphone ownership.
Addressing concerns about privacy and security, the court said that the MCD SMART App was developed by a recognised entity under the Ministry of Electronics and Information Technology.
It highlighted the entity's due diligence in assessing potential security threats, dismissing worries about the app's legitimacy.
Justice Singh was hearing a petition filed by Paramedical Technical Staff of the MCD challenging a communication from August 18, 2022, which directed para-medical staff salaries to be released only upon marking attendance through the MCD SMART App on smartphones.
The court underscored the importance of an efficient healthcare system, saying that the absence of essential staff could disrupt the system's effective functioning.
It viewed the introduction of the attendance marking system as a means to enhance transparency, efficiency, and timely service delivery in the public sector.
The order stated that the court does not find the introduction of a similar system in the MCD as illegal, stressing its alignment with the objective of ensuring transparency and efficiency in state departments.
Noting the disciplinary aspect, the court recognised the need for instilling discipline among employees, particularly in patient-centric roles.
It noted that employees were offered multiple methods for attendance marking, dismissing claims of forcing them to purchase smartphones.
The court concluded by acknowledging the role of technological advancements in public sectors, expressing disapproval for resistance to such progress. It said that embracing technological changes aligns with compliance with the MCD's directives.
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