Case Summary
Employment - Promotion- Complainant with above 40% locomotor disability submitted he was appointed in 1983 as LDC in MCD on reservation for PwD. Complainant was promoted to UDC eventually, but alleged that irregularities in the promotion has resulted in him not getting the appropriate seniority and benefits. During the course of the hearing, the complainant’s seniority was rectified as requested, and further action to promote him to the post of Asst. Section Officer was taken. Complainant requested expediency of promotion to higher grades.
Directions: Respondent to consider the provisions of the 1989 DoPT circular, and is advised to hold the DPC/Review DPC for promotion to higher grades within one month. Observation made that there is a need for training of officers/staff on the issues concerning rights of PwD under government schemes. Respondent to arrange appropriate workshops to remedy this for NDMC, EDMC and SDMC.
Rules/Acts/Orders: - DoPT OM No. 36035/08/89-Estt(SCT) dt. 20 Nov 1989
Order/ Judgement
In the
matter of:
Employment - Promotion- Complainant with above 40% locomotor disability submitted he was appointed in 1983 as LDC in MCD on reservation for PwD. Complainant was promoted to UDC eventually, but alleged that irregularities in the promotion has resulted in him not getting the appropriate seniority and benefits. During the course of the hearing, the complainant’s seniority was rectified as requested, and further action to promote him to the post of Asst. Section Officer was taken. Complainant requested expediency of promotion to higher grades.
Directions: Respondent to consider the provisions of the 1989 DoPT circular, and is advised to hold the DPC/Review DPC for promotion to higher grades within one month. Observation made that there is a need for training of officers/staff on the issues concerning rights of PwD under government schemes. Respondent to arrange appropriate workshops to remedy this for NDMC, EDMC and SDMC.
Rules/Acts/Orders: - DoPT OM No. 36035/08/89-Estt(SCT) dt. 20 Nov 1989
Order/ Judgement
In the Court of State Commissioner for Persons with
Disabilities
National Capital
Territory of Delhi
25- D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1173/2016-Wel/CD/ 601-602 Dated: 30.05.2017
Sh. Ajmer Singh,
Head Clerk, Language,
North DMC, 16th Floor, Civic Cenre,
New Delhi-110002. .……… Complainant
Versus
The Commissioner,
North Delhi Municipal Corporation,
Dr. S.P.M. Civic Centre,
New Delhi-110002. …...…Respondent
No.1
Date of hearing: 23.05.2017
Present Sh. Ajmer Singh, Complainant.
Sh. Pankaj Kumar Sharma,
Asstt. Commissioner, CED,
Sh. M.K. Singh, Asstt. Section
Officer, CED on behalf of Respondent No.2.
ORDER
The above named complainant, a person with
above 40% locomotor disability vide his complaint dated 02.12.2015 submitted
that he was appointed as LDC in MCD on 13.07.1983 against a reserved vacancy
for persons with disabilities. He was
promoted to the post of UDC on 02.05.1997 on adhoc basis although he should had
been promoted in the year 1994. He was
regularised as UDC on 09.06.2003. He
further stated that LDCs who were promoted as UDC on adhoc basis through departmental
test in the year 1997, had been regularised in December, 1997. He was promoted to the post of Head Clerk
w.e.f. 01.06.2011 counting his service as UDC from 09.06.2003 instead of 1997.
Consequently he did not get complete benefit of being a person with disability
as per Govt. of India’s instructions. He
requested that the respondent may be directed to give him seniority in the post
of UDC from the year in which vacancy had arisen and promote him to the post of
Head Clerk accordingly.
2. The
complaint was taken up with the respondent vide communication dated 16.02.2016
followed by reminders. The North Delhi
Municipal Corporation, Central Establishment Deptt. vide letter dated
15.07.2016 informed that the complainant was promoted to the post of UDC under
PH Quota on adhoc basis under the departmental promotion (seniority-cum-fitness)
basis in the year 1997. He was promoted
to the post of Head Clerk (Category `B’)
on regular basis vide office order dated 01.06.2011. The respondent further submitted that the
issue of regularisation of promotions to the post of UDC in respect of LDCs
promoted during 1995, 1996 and 1997 was pending in the Tribunal (PB) and the Hon’ble High Court of Delhi and there
was no provision of reservation under Physical Handicapped quota to Group B
posts.
3. Upon
considering the reply of the respondent and rejoinder dated 27.07.2016 of the
complainant, a hearing was scheduled on 23.05.17. During the hearing the representatives of the
respondent submitted that vide circular No. S.O.–IV/DA-VII/CED/NDMC/2017/1266
dated 31.01.2017 Sh. Ajmer Singh has been promoted to the post of UDC on
regular basis w.e.f. 02.05.1997 and his seniority has been re-fixed in the post
of UDC at serial No. 2036A below Smt. Swarn Kumari and above Smt Chitra. Further
action to promote the complainant to the post of Asstt. Section Officer
(previously Head Clerk) has already been taken and vigilance clearance has been
sought vide letter dated 22.05.2017. A copy of the said letter has been taken
on record. Thereafter, the DPC would be
held and the complainant would be promoted.
4. The
complainant submitted that he is satisfied with re-fixation of his seniority in
the post of UDC and has requested the respondent for promotion to the post of
Asstt. Section Officer and Section Officer.
He requested to expedite his promotion to the next higher grades.
5. DoP&T,
Govt of India had introduced reservation for persons with disabilities in the
posts filled by promotion vide their OM No. 36035/08/89-Estt(SCT) dated 20th
November, 1989. The complainant
therefore was entitled to be considered for promotion to the post of UDC after
he became eligible for promotion to that post in accordance with the then
relevant recruitment rules subject to his position in the seniority list
amongst the similarly placed LDCs with disabilities. He should have been
considered by the DPC that was held immediately after he became eligible for
promotion to the post of UDC.
6. Now
that the respondent has refixed his seniority in the post of UDC to his
satisfaction, the respondent is advised to hold the DPC / review DPC, as the
case may be for promotion to the next higher grades, within one month from the
date of receipt of this order and promote the complainant from the date he
would have been eligible for such promotions in accordance with the rules /
instructions on the subject. This Court
may be informed of the action taken in the matter within three months from the
date of receipt of this order as required under Section 81 of the Rights of
Persons with Disabilities (RPwD) Act, 2016.
7. During
the hearing of this case and other such cases it has been observed that there
is a need for training of officers / staff on the issues concerning the rights
of persons with disabilities in general and the benefits available to them under
various schemes of the Government and their implementation in particular. In
the light of this, the respondent may arrange training workshops for the officers
and staff of North Delhi Municipal Corporation alongwith South Delhi Municipal
Corporation and East Delhi Municipal Corporation. The Office of State Commissioner for Persons
with Disabilities will extend whatever support it can.
The
matter is disposed of accordingly. Given under my hand and the seal of the
Court this 30th day of May, 2017.
(T.D. Dhariyal )
State
Commissioner for Persons with Disabilities
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