GRAP Doesn't Create Enforceable Work-From-Home Right For Govt Employees: Delhi High Court Rejects Scientist's Plea

The Delhi High Court has dismissed the plea filed by a “Scientist-E” working with the Centre for Development of Telematics (C-DOT), seeking work from home citing hazardous air quality and respiratory issues.

The petitioner, Shubham Verma, sought compliance with Graded Response Action Plan (GRAP) restrictions issued by the Commission for Air Quality Management (CAQM) inside the organisation's premises. He claimed that the doctor advised him to “avoid dust and smoke exposure.”

Justice Sachin Datta said that the GRAP guidelines are regulatory measures and cannot be construed as conferring rights on central government employees against their employers in derogation of their service conditions.

“The objective behind implementation of GRAP cannot be construed as to create an enforceable personal right upon individual employees. It rather confers an obligation upon institutions authorities/citizens to adhere to and support in maximizing, as far as practicable and feasible, the implementation of the pollution-mitigating solutions stipulated thereunder,” the Court said.

Verma alleged that C-DOT was continuing non-essential construction and demolition activities in violation of GRAP, leading to excessive dust inside the premises. He said that the situation aggravated his dust-induced allergic respiratory condition.

The plea sought mandatory compliance with all GRAP orders, inspection of the premises and permission for work from home until indoor air quality became safe.

Rejecting the plea, the Court said that Verma's contention that he was entitled to work from home was misplaced as the attendant guidelines vests a discretionary and not a mandatory obligation upon the central government to take an appropriate decision for permitting its employees to avail the work from home facility.

“In any event, there is no occasion for issuance of a mandamus for effectively altering applicable service condition/s in the guise of compliance with GRAP orders. As such, no merit is found in the present petition,” the Court said.

However, Justice Datta said that in view of medical exigencies cited by Verma, in case his health condition so warrants, he shall be at liberty to request his employer for being transferred out of Delhi.

“The respondent no.1 shall make an endeavour to favourably consider the said request,” the Court said.

Title: SHUBHAM VERMA v. CENTRE FOR DEVELOPMENT OF TELEMATICS C DOT AND ORS

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