Yogender Singh Vs. Dte of Edn | Case No. 4/1111/2015-Wel./CD/ 2614-15 | Dated: 03.04.2017

Case Summary

Employment, MACP, Complainant, represented by NFB is a Music Teacher with the respondent and is a person with blindness. The complaint is about non-grant of MACP due in 2008. Respondent submits that his ACRs were lost, hence no decision could be taken on his MACP.  Despite lapse of 9 years when the MACP is stated to be due to the complainant and six month from the date  when the school finally submitted the case to the Dy. Director(Zone –VII),a decision  on grant of MACP to him is still pending. Court felt this was a matter of concern and called for a systemic change in the approach the cases of persons with disabilities were dealt. Respondent directed to take a decision on grant of MACP within 2 weeks.

Order/Judgement

In the Court of Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2

Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the Persons with Disabilities

(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/1111/2015-Wel./CD/ 2614-15                                   Dated: 03.04.2017

In the matter of:

Sh. Yogender Singh,

Govt. Co-Ed Sarvodaya Vidyalaya,

Roop Nagar-4, Delhi.

(Through Sh. Inder Singh, National Federation of Blind)         .……… Complainant     

                                                                          Versus

The Director,

Directorate of Education,

Old Sectt., Delhi-110054.                                                         ……...…Respondent

 

Present:                         None.

Date of hearing:             24.03.2017

          

ORDER

            National Federation of the blind submitted a complaint dated 12.09.2015 to the Commissioner for Person with Disabilities, Govt of N.CT of Delhi alleging that Sh. Yogender Singh,  a person with blindness working as Music Teacher since 1998 had not been granted MACP which was due to him in 2008. The said Sh. Yogender Singh was posted to Govt. Co-Ed. Sarvodaya Vidyalaya, Roop Nagar No-04 Delhi. It was further submitted that the ACRs of  Sh. Yogender Singh had been lost by S.K.V. Prashant Vihar, where he was posted earlier. Due to loss of ACRs ,  Sh. Yogender Singh had been deprived of his right to MACP. The Camplainant  therefore, sought the intervention of  this Court and prayed to  issue direction to the Department of  Education to grant MACP to Sh. Yogender Singh from 2008 when he become entitled to the same alongwith  payment of arrears.

2.         Though it was mentioned that the complaint was  under section 59 of the Persons with Disabilities Act, 1995 read with Rule 42 of the Persons with Disabilities Rules which relate to the Chief Commissioner for  Persons with Disabilities, the complaint was taken up vide  communication dated 17.09.2015,  with the direction to  the respondent to submit comments by 1.10.2015 followed by a reminder dated 6.10.2015.

3.         The office of Special Director of Education vide letter dated 28.09.2015 asked the Dy. Director of Education, Distt North to submit comments to this Court followed by a  reminder dated 13.10.2015.  Dy Director of Education,  Zone – 07 vide E-mail dated 21.10.2015 submitted the copies of the correspondence exchanged between Govt. Sarvodaya Co-ED. Vidyalaya, Wazirpur Village,  and R.S.V, Roop Nagar, which indicate that the ACRs of Sh. Yogender Singh  prior to 2006-07 were not available as Sh. Yogender Singh had not submitted them. The Office of the Dy. Director of Education, Zone-07 District North vide letter 29.10.2015 also forwarded the copies of  the same communications without indicating as to what action was being taken to grant MACP to Sh. Yogender Singh.

4.         In his rejoinder dated  01.12.2015, the complainant  submitted that the Schools are blaming each other for loss of his ACRs and that it was the responsibility of  the Department of  Education to find out the truth so that he did not become a victim. He requested  that Offices of the  concerned Zone and Prinicipals of  the Schools  be called to resolve the issue amicably. The said rejoinder was sent to the respondent and an action taken report was sought by 9.12.2016. As no report was received, a hearing was scheduled on 17.01.2017.

5.         On 17.01.2017 Dy Director of  Education, Zone -07 endorsed letter No. RSV No. 4/RN/2017/04 dated  04.01.2017  of  RSV No-04 Roop Nagar addressed to Dy Director Education Zone -07, Distt North to this Court  as the ATR till that date. In the said letter the Prinicipal of RSV No-04, Roop Nagar, has stated as under :

1)            Sh. Yogender Singh, (I.D – 19987505), Mu. Tr. has joined this school on 01.08.2014.
2)            The school has received ACR folder in r/o the said employee from G.S.Co-Ed. Vidyalaya, Wazirpur Village, Delhi for the period 2006-07 to 2012-13 ( Copy of letter enclosed).
3)            ACR’s prior to the period 2006-07 and the year 2013-14 was not provided by the previous school.
4)            The school has sent letter to the previous school i.e G.S. Co.Ed Vidyalaya, Wazirpur Village, Delhi for requirement of ACR’s prior to 2006-07 (Copy of letter enclosed)
5)            The school has received reply from the G.S.Co Ed. Vidyalaya, Wazirpur Village, Delhi that the ACR’s prior to 2006-07 are not available with them as the employee has not submitted the ACR’s. ( Copy of letter enclosed )
6)            ACR’s for the period 2014-15 & 2015-16 are available in this school.
7)            We would like to inform you that MACP case in respect of Sh. Yogendra Singh, Mu. Tr. has already submitted on 21.09.2016 in Distt North vide File No. RSV No. 4/RN/2016/1440 dated 21.09.2016 which is under consideration with the department for grant of MACP”.

 6.         The case was posted for hearing on 24.03.2017. On 24.03.2017, both the parties telephonically sought adjournment on the ground that   DPC for grant of  MACP to the complainant is scheduled to be held on 7^th April, 2017.

7.               It is observed from the record available in the file that the grant of MACP stated to be due since 2008 to  Sh.Yogender Singh,  who is a person with blindness  has been delayed due to his missing ACRs prior to the  year 2006.  It has been also observed that school / authorities have been shifting the responsibility for so long causing inordinate avoidable delay.  It is seen from the letter dated 04.01.2017 of the Principal, RSV-4 Roop Nagar, Delhi addressed  to the Dy. Director(Zone-VII),District North, Directorate of Education that the MACP case of the complainant had already been submitted to District (North) on 21.09.2016 vide file No.  RSV/No.4/RN/2016/1440, which was stated to be under consideration with the Department.

8.               Despite lapse of 9 years when the MACP is stated to be due to Sh. Yogender Singh and six month from the date  when the school finally submitted the case to the Dy. Director(Zone –VII),a decision  on grant of MACP to him is still pending. This is a matter of concern and calls for a systemic change  in the approach  the cases of persons with disabilities are dealt.

9.               In the facts and circumstances of the case, the respondent is directed to ensure a decision on grant of MACP to Sh. Yogender Singh by 14^th April, 2017 and submit a copy of the order to this Court through the fastest means of communication viz. email / fax.  The respondent is also advised to take appropriate action to sensitise / train the concerned officials to be more responsive and sensitive while dealing with the service matters of the employees with disabilities.  Action  taken in this regard be also intimated to this Court by 30.04.2017.

9.               The matter is disposed of accordingly.  Given under my hand and the seal of the Court this 3^rd day of April 2017.     

           (T.D. Dhariyal )

                                                            Commissioner for Persons with Disabilities