Saturday, May 13, 2017

Anitya Narain Mishra Vs. North Delhi Municipal Corporation | Case No. 4/1248/2016-Wel./CD/ 503-504 | Dated: 12.05.2017

Case Summary:

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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