HC: Can’t help corpn staff not doing their job

HC: Can’t help corpn staff not doing their job

New Delhi:07.10.2021

Delhi High Court on Wednesday said it was not obliged to come to the aid of municipal workers and press for payment of their salaries when they were not discharging their functions on ground, leaving the capital in a “dismal state”.

A bench of Justices Vipin Sanghi and Jasmeet Singh, hearing a batch of petitions on non-payment of salaries and pensions to teachers, hospital staff, sanitation workers and engineers employed by the municipal corporations, expressed its displeasure at the state of cleanliness and upkeep of the capital.

“While on the one hand, we are pressing for payment of salaries and pensions, it appears that the municipal employees, especially safai karamcharis, are not discharging their duties... As a result, in the city, there is an increase in the case of dengue, collection of garbage and malba, and broken roads and pavements,” the HC bench stated.

“Not a single piece of plastic has been removed from there. It continues to be just as dirty and shabby... cows are eating all that plastic. They will die,” remarked Justice Sanghi while referring specifically to the Sainik Farms area. PTI

US district court order opens doors for non-immigrant visa holders like H-1Bs

US district court order opens doors for non-immigrant visa holders like H-1Bs

Lubna.Kably @timesgroup.com

07.10.2021

A US district court judge has prohibited the use of travel bans as an excuse to not process or issue visas, such as H-1Bs — a non-immigrant visa. While the US is gearing up to open its doors from November to fully vaccinated travellers, this decision by the district court of Columbia, pronounced on October 5, is good news for H-1Bs and their dependants (such as spouses holding H4 visas) who had found themselves stranded in India while visiting their family. H-1Bs who were allotted visas under the lottery mechanism also found themselves unable to get their visas processed.

Travel bans were imposed under a ‘presidential proclamation’ earlier by former President Donald Trump and later by President Joe Biden. A fallout was that visa processing came to a halt. No non-immigrant visas were issued unless the individual could claim a carve out under the ‘National Interest Exemption’, which itself was a challenging task.

On April 30, 2021, US President Joe Biden issued a proclamation restricting the entry of non-immigrants (green card holders were exempt from the ban) who were physically present within India during the 14-day period preceding their entry or attempted entry into the US. TOI had covered filing of the lawsuit by several individuals including Indian nationals in its edition of June 3.

The lawsuit complaint had stated: “Several plaintiffs are long-term employees of US companies, who have been stuck outside of the US and whose careers are at risk, as they cannot return to their jobs, homes, and communities.” Before the district court, they claimed that the proclamations had hurt them as the US department of state “has refused to process their non-immigrant visas”, “to schedule interviews or adjudicate their visa applications”, or “to issue the visas”. They said currently “…consular officials are categorically precluded from processing their visa applications unless they fall under an exemption, regardless of the capacity and reopening status of local consulates and embassies.” While Judge James E Boasberg did not order the department of state to immediately adjudicate the plaintiff’s cases he has debarred the use of the travel ban proclamation as an excuse to refuse visa processing. Greg Siskind, one of the immigration attorneys who represented the plaintiffs, said, “This is a pretty important win because it was specifically aimed at killing the illegal interpretation across the board. This will also hopefully bar a president in the future from abusing this power.”

E-token for entry to Mansa Devi temple

E-token for entry to Mansa Devi temple

Arvind.Bishnoi1@timesgroup.com

Panchkula:07.10.2021

The nine-day Ashwin Navaratra celebrations begin from Thursday and Shri Mata Mansa Devi Shrine Board (SMMDSB) has made special arrangement from maintenance of law and order to the facilities given to the devotees, who come in large number from across the country to pay their obeisance at the Mata Mansa Devi temple in Panchkula and Kali Mata temple in Kalka. Entry at the temple will be allowed only through e-token system and special e-token counters have also been set up. However, no capping on the number of devotees is fixed. Random Covid sampling of devotees would be done.

The SMMDSB officials have stated that a devotee could obtain e-token from their website www.mansadevi.org.in or through the three counters setup by the administration at the bus stand of Mansa Devi Temple, HUDA shopping complex and near the library near the main temple entry. The counters will remain open from 6am to 10pm to assist the devotees.

For preferential darshan facility, an amount of Rs 50 to be paid through the SMMDSB website and 10-person at one time would be allowed to go through lifts at the temple.

During the nine-day Navaratras, 20 special buses for devotees from Zirakpur bus stand, Sector-17 and 43 bus stands in Chandigarh among free auto rickshaw and e-rickshaws for elderly and physically disabled would be run for the devotees during the festival. For following of Covid-19 protocol, e-tokens would be given to the devotees, but no cap on the number of devotees has been fixed so far.

For law and order, a sufficient number of cops, bomb disposal teams would be deployed, for fire safety, two fire tenders would be appointed atthe Mata Mansa Devi Temple throughout the festival. Chief executive officer of SMMDSB Yetender Sen Gupta said they were all set for the nine-day festival and all necessary arrangements had been made in advance.

Mansa Devi temple all decked up to receive devotees for Navaratra

AI to fly over Hindu Kush on way to UK

AI to fly over Hindu Kush on way to UK

Saurabh.Sinha@timesgroup.com

New Delhi:  07.10.2021

The increased flying time for Air India nonstop between Delhi and UK and Delhi and North America since Afghan airspace closed on August 16 is going to reduce significantly with the airline deciding to fly over the mighty Hindu Kush range for the first time. This new routing will see Boeing 777s and 787s soaring over Tirich Mir (7,780 metres), the world’s highest peak outside the Himalaya-Karakoram range.

Since mid-August, nonstop flights on these routes, including PM Narendra Modi’s recent US journey on India One, have taken the longer route via south Pakistan below Afghanistan and then via Iran-Turkey instead of the shorter Pakistan-Afghanistan-Turkmenistan/ Uzbekistan route. Now heading straight north towards Kashmir, over the Hindu Kush range and then the usual route to the west will mean less flying time for passengers and fuel saving for AI at a time when fuel prices are on fire.

“The flying time for north American nonstop flights will come down by up to 40 minutes and for the UK (London and Birmingham) by 20 minutes — almost like before the Afghan airspace closed,” said an airline source. “Our nonstops between Delhi and mainland Europe will continue to take the south Pakistan route for now as determined by our cost benefit analysis.”

The sources said that on the return from north America, an aircraft will save four tonnes of fuel (one tonne while going and three on return). On a return UK flight, the saving will be 2.5 tonne. At the moment, due to travel restrictions in the United States (likely to be lifted from early November), there aren’t too many daily flights, but AI will still save 30 tonne per week using the Hindu Kush route.

“At $800 per tonne of fuel, the weekly saving alone is $24,000, or around Rs 18 lakh at the current currency exchange rate,” confided a source. “When restrictions are lifted and we mount more flights to north America, the savings will multiply. Once the Afghan airspace reopens, we will resume the old route.” Canada, for instance, has just permitted nonstop flights from India and AI has resumed its direct Delhi-Toronto and Delhi-Vancouver services.

Carrying less fuel will mean more payload in terms of passengers and/or cargo. So, the benefit of say, four tonne less fuel will be double — lesser fuel and the differential amount in extra payload.

For the high terrain route, Air India has prepared through extra simulator drills, trial runs and special precautions.

AIMING HIGHER

Now, pay ₹10-₹50 extra for taking a train from revamped stations

Now, pay ₹10-₹50 extra for taking a train from revamped stations

Dipak.Dash@timesgroup.com

New Delhi:07.10.2021

Soon, you would have to pay a user fee ranging between Rs 10 and Rs 50 for boarding trains from stations that have been redeveloped or will be redeveloped in the near future. Similar charges will also be levied for de-boarding the trains at stations that have been revamped or will be revamped soon. This fee will be automatically added to the fare while booking tickets. The user fee would be in five categories, higher for AC First Class and subsequently less for AC-2, AC-3, Sleeper and unreserved classes.

The railway ministry will soon notify the fee, which will be an assured source of revenue for the private players who will develop these stations and the ministry hopes this will encourage more private players to bid for the projects.

Sources said though earlier the railways had sent the proposal to seek approval from the Cabinet, now a decision has been taken that the national transporter will notify the charges on its own and will come out with the detailed policy.

“We are hopeful of the notification in the next 4-5 days. It will bring clarity if the charges can also be levied on passengers boarding from or de-boarding at stations where redevelopment work is underway or if it will be applicable for only redeveloped stations,” said an official.The levy of the user fee will mean the train fare will increase.

For example, if a passenger books a ticket from New Delhi to Mumbai, then the ticket price would include the user fee of both stations.

However, if a passenger books a ticket from a smaller station to New Delhi or Mumbai, then the user fee would be 50% of the normal charge.

Sources said to begin with the railways may roll out the user fee regime at 50 stations.

COSTLY AFFAIR

‘Displaying Holy Cross no ground to cancel SC cert’

‘Displaying Holy Cross no ground to cancel SC cert’

Madurai:  07.10.2021

Can a Holy Cross and other religious symbols and practices displayed by a Dalit be cited to cancel his/her Scheduled Caste certificate? No, said the Madras high court, calling it a “bureaucratic narrow-mindedness” the Constitution never foresaw, reports K Kaushik.

In a recent order, the first bench of Chief Justice Sanjib Banerjee and Justice M Duraiswamy held that merely because a member of the Dalit community married a Christian and her children have been recognised as members of her husband’s community, the SC certificate issued to her cannot be cancelled.

‘Conduct of authorities portrays a degree of narrow-mindedness’

The court made the observations while allowing a petition filed by P Muneeswari of Ramanathapuram district in 2016, seeking to quash a 2013 order passed by the district collector cancelling her community certificate. A doctor by profession, she was born to Hindu Pallan (a Scheduled Caste) parents and certified so in accordance with law. She then married a Christian and raised her children also as members of the Christian community.

Citing this, her certificate was revoked by the district authorities. When she challenged the decision in court, officials said they visited her clinic and found a Holy Cross hanging on the wall. On this basis, the officials conjectured that she had converted to Christianity and was, thus, disqualified from retaining the Hindu Pallan community certificate. Slamming the argument, the first bench said: "There is no suggestion in the affidavit that she has abandoned her faith or that she has embraced Christianity. It is equally possible that she, as a part of a family, may accompany her husband and children for Sunday matins, but the mere fact that a person goes to church does not mean that such person has altogether abandoned the original faith to which such person was born."

The judges further said: "The acts and conduct of the authorities portray a degree of narrow-mindedness that the Constitution does not encourage." It would do well for the members of the scrutiny committee to approach the matter with a broader mind than is evident in the present case, they said. Judges directed the authorities to restore the certificate originally issued in favour of Muneeswari with immediate effect.

‘Displaying Holy Cross no ground to cancel SC cert’

 ‘Displaying Holy Cross no ground to cancel SC cert’

K.Kaushik@timesgroup.com

Madurai:07.10.2021

Can a Holy Cross and other religious symbols and practices displayed by a dalit be cited to cancel his/her Scheduled Caste certificate? No, said the Madras high court, calling it a “bureaucratic narrow-mindedness” the Constitution never foresaw. In a recent order, the first bench of Chief Justice Sanjib Banerjee and Justice M Duraiswamy held that merely because a member of the dalit community married a Christian and her children have been recognised as members of her husband’s community, the SC certificate issued to her cannot be cancelled.