Case Summary:
Order / Judgement:
Employment:
Complainant
with 40% locomotor disability was working as LDC from 01/02/06 in DCA office
Shahdra. He alleged that North Delhi Municipal Corporation had not included his
name in the list of LDCs for promotion to the post of UDC, despite being the
senior most LDC. He became eligible for promotion to the post of UDC in Feb,
2011 itself. The representatives of the respondent reiterated that the case for
promotion to the post of UDC (SSA) in respect of the complainant along with
other eligible employees was under process.
Directions: Hold a DPC;
and if necessary, a review DPC to consider the complainant for promotion to the
post of UDC from the date he became due in accordance with the rules & relevant
instructions. Compute the reserved vacancies for persons with disabilities in
promotion as well as direct recruitment in various Groups based on separate 100
- points vacancy based reservation rosters and take immediate action to fill
the backlog of reserved vacancies in accordance with the instructions issued by
DOP&T vide their OM No 36035/3/2004-Estt(RES) dated 29.12.2005
Rules/Acts/Orders:
-
DOP&T’s O.M No.36035/8/89-Estt (SCT)
dated 29.11.1989
-
DOP&T’s OM No.
36035/3/2004-Estt(RES) dated 29.12.2005
Order / Judgement:
In the Court
of the State Commissioner for Persons
with Disabilities
National
Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre,
New Delhi Phone-011-23216002-04, Telefax: 011-23216005, Email:
comdis.delhi@nic.in
[Vested with powers of Civil Court under the Rights of
Persons with Disabilities Act, 2016]
Case No. 4/1248/2016-Wel./CD/
503-504 Dated: 12.05.2017
In the mater of :
Sh. Anitya Narain Mishra
LDC/DCA Office, Shahdara
North Zone
Shahdara, New Delhi –
110032. …………Complainant
Versus
The Director
North Delhi Municipal
Corporation
11th Floor,
Civic Centre
Dr. S.P.M. Civic Centre
New Delhi 110002. .................Respondent
Date of hearing: 05.05.2017
Present: Sh.
Ashok Verma, S.O, North Delhi Municipal Corporation
Sh.
Vijay Pandey, ASO North Delhi Municipal Corporation
Sh.
Anitya Narain Mishra, Complainant.
ORDER
The
above named complainant with more than 40% loco,motor disability vide his
complaint dated nil received on
29.04.2016, submitted that he was working as LDC w.e.f 01.02.2006 in DCA office Shahdra. He alleged that North Delhi Municipal
Corporation had not included his name in
the list of LDCs for promotion to the
post of UDC, despite being the senior most LDC. Further no LDC with disability has been
promoted.
2. The
complaint was taken up with the respondent vide letter dated 06.05.2016
followed by reminders dated 26.05.2016, 04.07.2016, 19.10.2016, 03.11.2016 and
24.01.2017. The respondent, vide letter dated 15.11.2016 informed that the case
of the complainant for promotion to the post of UDC was under process. Thereafter a hearing was scheduled on
17.03.2017 which was reschedule on 05.05.2017.
3. During
the hearing on 05.05.2017, the complainant reiterated that the eligibility for promotion to the post of UDC
is 5 years services as LDC. He was promoted to the post of LDC in February,
2006. He became eligible for promotion to the post of UDC in Feb, 2011 itself.
As per him, promotions to the post of UDC were made in 2011 and therefore he
should have been promoted in 2011 as he is the senior most LDC with disability
in all the three MCD.
4. Had
he been given the benefit of reservation for persons with disabilities, he
would have been due for promotion to the post of Head Clerk now. He also alleged that reservation in promotion has not been
implemented in any of the MCD.
5. The
representatives of the respondent reiterated
that the case for promotion to the post of UDC (SSA) in respect of the
complainant along with other eligible employees was under process. The DPC
could not be held due to model code of conduct in connection with the elections
to MCD. As soon as the date for DPC is
fixed, the complainant will be considered, They also clarified that after 2011
DPC for promotion to the post of UDC was held in 2016. They however did not give the information on
whether any person with disability was considered against a reserved vacancy.
Sh. Ashok Verma, S.O added that
reservation for persons with disabilities was ensured after his joining while
promoting Group D employees to the post
of LDC in March, 2017.
6. It
is observed that this case was taken up with North Delhi Municipal Corporation
& East Delhi Municipal Corporation on 6.5.2016 and is pending since then.
If the complainant had indeed become eligible for promotion to the post of UDC
in 2011, he was likely to be promoted in that year or closely thereafter being
the senior most among LDC s with disabilities in MCD. In that case, there is
apparent deprivation on account of not considering the complainant for
promotion against a reserved vacancy for a long period of time. The respondent must be aware that Govt of
India had decided to provide reservation for persons with disabilities in Group
C & D posts filled by promotion way back in 1989 vide DOP&T’s O.M No.36035/8/89-Estt
(SCT) dated 29.11.1989. It is a matter of concern that despite Five reminders
to the respondent, even essential details of the case have not been made
available leave alone any relief to the complainant. As per the instructions
issued by the DOP&T from time to time, separate vacancy based reservation
rosters are to be maintained for promotion of persons with disabilities against
reserved vacancy in each group. The detailed instructions as amended from time
to time on maintenance of rosters and effecting reservation for persons with
disabilities are contained in OM No. 36035/3/2004-Estt(RES) dated 29.12.2005.
7. In
light of the above, the respondent is advised to take the following actions
without any further loss of time:
(i) Hold a DPC; and if necessary,
a review DPC to consider the complainant for promotion to the post of UDC from
the date he became due in accordance with the rules & relevant instructions
by 31st May, 2017 and
promote the complainant, if found fit,
by 7th June, 2017.
(ii) Compute the reserved vacancies
for persons with disabilities in promotion as well as direct recruitment in
various Groups based on separate 100 - points vacancy based reservation rosters
and take immediate action to fill the backlog of reserved vacancies in
accordance with the instructions issued by DOP&T vide their OM No
36035/3/2004-Estt(RES) dated 29.12.2005 and as modified from time to time an
action taken report be submitted to this court within three month from the date
of receipt of this order.
The matter is disposed
of accordingly.
Given
under my hand and the seal of the Court this 12th day of May, 2017
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
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