Case Summary:
Employment
– Promotion: Complainant regularized as
SwachataKaramchariw.e.f 01.04.2004 vide EDMC office order dated 26.12.2014. He
became eligible for promotion to the post of ASI w.e.f 1.04.2012 on completion
of 8 years service. As per respondent’s reply dated
23.12.2015, the complainant was not eligible for promotion to the post of ASI
in accordance with the recruitment rules notified on 15.05.2013 as the
complainant was not having the qualification of 12th pass till
April, 2015. The complainant during the hearing submitted that before the
recruitment rules dated 15.05.2013, the educational qualification for promotion
to the post of ASI was 10th pass, which he had. Therefore, he should
have been promoted as ASI before 2015.
Recommendation:If the recruitment rules for the
post of ASI before 15.05.2013 provided for 10th pass as essential qualification,
then the complainant be considered for promotion to the post of ASI against a
reserved vacancy for persons with disabilities, subject to meeting the
eligibility conditions as per the then applicable rules.
Employment
– Transportation Allowance: The complainant was certified as a person with locomotor
disability. Requested for grant of transport allowance at double the normal
rate w.e.f 01.04.2004. Administrative Officer (DEMS) EDMC, issued the office
order dated 10.07.2015 for grant of transport allowance at double the normal
rate to the complainant w.e.f
23.06.2015.
Recommendation:The office order dated 10.07.2015 is
against the Ministry of Finance’s OM no.19029/1/78-EIV/B
dated 31.8.1978 as amended from time to time. Issue appropriate orders for
grant of transport allowance at double
the normal rate to the
complainant w.e.f 01.04.2004 and pay him
the arrears.
Rules/Acts/Orders:
Ministry of Finance’s OM no.19029/1/78-EIV/B dated 31.8.1978
--
Order / Judgement:
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-2
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. 4/867/2015-Wel./CD/
516-517 Dated: 15.05.2017
In the mater of :
Sh. Nepal Singh
569, Gali No. 9, Phase IV
Gautam Vihar, Shiv Vihar, Delhi –
110094. ………...…Complainant
Versus
The Commissioner
East Delhi Municipal
Corporation
419, Udyog sadan
Patparganj Industrial Area,
Delhi - 110092 ………...…Respondents
Date of hearing: 08.05.2017
Present: Sh. Nepal Singh,
Complainant
ORDER
Despite
notice of hearing dated 20.02.2017, none appeared on behalf of the Commissioner
EDMC on 15.03.2017 to present the case. Even today, Neither the respondent nor any one on his
behalf has appeared not only in this case but also in an other case no which
was listed for hearing. It is also
observed with concern that Sh. Pawan Kumar, ASI, Ward-265, in response to the
notice of hearing dated 20.02.2017, has
informed that Sh. Nepal Singh has given
an agreement about his complaint. According to the complainant, he signed on
the paper regarding some fake complaint. That has nothing to do with his
complaint in this court. A copy of the
said bunch of papers is enclosed for appropriate action by the respondent.
1. In
this case, the following two issues are
involved :
(A ) Promotion of the complainant
to the post of ASI against reserved vacancy for persons with disabilities as
per instructions of DOP&T vide O.M No.36035/8/89-Estt (SCT) dated 29.11.1989.
As
per respondent’s reply dated 23.12.2015, the complainant was not eligible for
promotion to the post of ASI in accordance with the recruitment rules notified
on 15.05.2013 as the complainant was not having the qualification of 12th
pass till April, 2015. Therefore he would now be considered for promotion
against a vacancy reserved for OH. The complainant during the hearing submitted
that before the recruitment rules dated 15.05.2013, the educational
qualification for promotion to the post of ASI was 10th pass, which
he had. Therefore, he should have been
promoted as ASI before 2015. Admittedly, the complainant was
regularized as Swachata Karamchari w.e.f 01.04.2004 vide EDMC office order
dated 26.12.2014. He became eligible for promotion to the post of ASI w.e.f 1.04.2012 on completion of 8 years
service.
(B) Grant of transport allowance at double the normal rate
to the complainant w.e.f 01.04.2004.
The complainant was certified as a person with locomotor
disability by the Chief Medical Officer, Meerut, vide certificate no.
M/7/CMO/02 dated 27.`11.02. He was regularized as swachata Karamchari w.e.f
01.04.2004. Therefore his request for grant of transport allowance at double
the normal rate w.e.f 01.04.2004 is legitimate. It is not understood under
which rule or instructions the Administrative Officer (DEMS) EDMC, issued the office order dated
10.07.2015 for grant of transport allowance at double the normal rate to the
complainant w.e.f 23.06.2015. The office
order dated 10.07.2015 is against the Ministry of Finance’s OM no.19029/1/78-EIV/B
dated 31.8.1978 as amended from time to time.
In light of the facts mentioned above and the
Government instructions, the respondent is advised as under:
( i ) If the recruitment rules for the post of ASI before 15.05.2015
provided for 10th pass as
essential qualification, then the complainant be considered for promotion to the post of ASI
against a reserved vacancy for persons with disabilities, subject to meeting
the eligibility conditions as per the then applicable rules.
( ii ) Issue appropriate orders for grant of transport allowance at
double the normal rate to the complainant w.e.f 01.04.2004 and pay him the arrears within
three month from the date of receipt of this order under intimation to this
court.
( iii ) Intimate 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 Act,
2016.
The matter is
disposed of accordingly.
Given under my hand and the seal of the
Court this 15th day of May,
2017.
(T.D. Dhariyal )
Commissioner for Persons with Disabilities
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