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Observing that the Graded Response Action Plan (GRAP) is a regulatory mechanism to control pollution and not a source of individual service rights, the Delhi High Court has declined to grant work-from-home relief to a central government employee who alleged non-compliance with anti-pollution directions at his workplace.
Justice Sachin Datta held that while GRAP directions issued by the Commission for Air Quality Management (CAQM) must be implemented scrupulously, they cannot be construed as conferring enforceable personal rights on employees against their employers, particularly in derogation of existing service conditions. The Court was hearing a petition filed by a Scientist-E employed with the Centre for Development of Telematics (C-DOT), who alleged that construction and demolition activities were ongoing at the office premises in violation of GRAP norms, resulting in hazardous indoor air quality and respiratory distress. The petitioner sought directions for immediate compliance with GRAP orders, inspection of the premises, work-from-home permission, and treatment of the period of absence as "on duty". Rejecting these pleas, the Court noted that the GRAP provisions relating to work from home only vest discretion in the Central Government and do not impose a mandatory obligation. It further observed that the relevant GRAP Stage-III provisions, under which work-from-home measures were contemplated, had already been revoked by the CAQM, effective November 26, 2025. "There is no occasion for issuance of a mandamus for effectively altering applicable service conditions in the guise of compliance with GRAP orders," the Court said, finding no merit in the petition. However, taking note of the medical concerns raised by the petitioner, the Court clarified that he would be at liberty to seek a transfer out of Delhi on health grounds. It directed the employer to endeavour to consider such a request favourably, if made. (ANI)
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