Saturday, May 6, 2017

Smt. Saroj Kumari Pal Vs. Dte of Education | Case No. 4/1372/2016-Wel./CD/ 317-318 | Dated: 05.05.2017

Case Summary:

Employment: Complainant submitted that her disability hadn’t been uploaded in the computer record despite her request and that her pay had not been stepped up on par with her junior. Respondent submitted that as per her HOS, the Complainant is getting all admissible benefits and that her record has been updated. The case regarding her pay had been submitted to HQ along with the relevant documents. Respondent also submitted that the junior in question was on examination found to be senior to the Complainant. Complainant submitted the name of another TGT junior to her getting more pay than her. Respondent submitted that the stepping up of pay is possible only if the senior and junior belong to the same gender, and this junior was male.

Recommendations: Complainant advised to give the name of her junior in receipt of higher pay within one month of order, and respondent to examine and take a decision on the same within 3 weeks as per relevant circulars/instructions.

Rules/Acts/Orders:

Directorate of Education, GNCT of Delhi’s Circular No. 38(11)/P&PF/Vol.I/619-938 dated 11.07.2013

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
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. 4/1372/2016-Wel./CD/ 317-318                                   Dated: 05.05.2017

In the matter of:

Smt. Saroj Kumari Pal,
TGT Hindi, ID -20071220,
Govt. Co.Ed. Vidyalaya,Mehram Nagar,
Delhi-110037.                                                                                  .……… Complainant     
SCH Code- 1720003.
                                                                          Versus
The Director,
Directorate of Education,
GNCT of Delhi, Old Sectt.,
Delhi-110054.                                                                                         …...…Respondent
 
Present                         Smt. Saroj Kumari Pal,   Complainant.
Ms. Omeshwara Singh, DDE(South West-A), Ms. Alpana Kumar, HOS, Mehram Nagar, Sh. Ved Prakash Singh, Supdt. on behalf of Respondent.

Date of hearing:            02.05.2017
            
ORDER

                  Smt Saroj Kumari Pal, a person with 41% locomotor disability vide her complaint dated 08.08.2016 raised two issues (i) that her disability had not been uploaded in the computer record despite her request dated 04.08.2014; (ii) that stepping up of her pay at par with her junior had not been done.  Although the complainant had not enclosed a copy of her Disability Certificate, the complaint was taken up with the Directorate of Education, vide letter dated 18.08.2016. 

2.               Office of the Spl. Director of Education referred the matter to the Deputy Director of Education, Distt. (South West-)vide letter 23.08.2016. Thereafter, two  reminders dated 07.10.2016 & 30.11.2016 were issued by this Court.

3.               The DDE(South West-A) vide letter dated 08.12.2016 informed that as per the HOS, Smt. Saroj Kumari Pal is getting all the benefits as admissible as per rules.  Her service book has been updated and details of her disability certificate have also been entered.  Her case regarding stepping up of salary and entering the disability details in computer record had been submitted to the HQ along with all the documents.  The HOS has also been advised to send reminders for updation of  computer records. Thereafter a hearing was held on 23.01.2017.  The representative of the respondent submitted a written statement dated 21.01.2017 alongwith the details of the complainant that had been entered in the computer record. It has  further been stated that she has been receiving all the benefits which are to be given to  differently abled persons like double transport allowance, enhanced benefit of availing  CL and rebate in income tax etc.

4.               As regards the stepping up of her pay the complainant had requested for stepping up of pay at par with Smt. Shashi Bala TGT Hindi with seniority no. 4693.  The complainant’s seniority is 4310. After examination of the case, it was noticed that the seniority of the complainant was actually lower than that of Smt. Shashi Bala who had been issued two seniority numbers i.e. 3838 & 4693. As per corrigendum dated 19.01.2017 issued by the Establishment-III Branch seniority of Smt. Shashi Bala has been fixed at 3838 and hence the complainant is not eligible for stepping up as requested by her. The respondent further submitted that the school authorities have denied any misbehaviour with complainant and she is being treated with dignity and respect.

5.               The respondent was advised to submit the copy of the order vide which the complainant had been treated as a person with disability. The said order dated 12-15/07/2013 was submitted by the representatives of the respondent.  The complainant vide her letter dated 06.03.2017 submitted that in the same school, Sh. Ganraj, TGT(SST), who is junior to her is getting more pay than her. She also submitted that all the new teachers who joined after her i.e. 09.08.2007, are getting Rs. 17140/- whereas she is getting less pay than him.

6.               During the hearing on 02.05.2017, the complainant stated that she could not attend the hearing on 23.01.2017 as she did not get the notice of hearing dated 21.01.2017.  She got the notice dated 09.03.2017 by post through her school Principal.  Sh. Shyam Singh Pal Husband of the complainant requested that he may be permitted to present the case of her wife. The same is allowed and he stated that the case of stepping up of Smt. Saroj Kumari Pal should be settled expeditiously as there are so many junior teachers who are getting more pay than her. He also submitted that while OH has been mentioned against the name of Smt. Saroj Kumari Pal, her category as `General’ without suffixing OH to it is not right as in case of some other teachers, their vertical category has been mentioned with their horizontal category. However, the representatives of the respondent submitted that personal details of the complainant have been uploaded in the computer like other employees with disabilities. No discrimination in this regard has been done to the complainant. They showed the details of one Sh. Manoj Kumar 20100283 who is also a person with locomotor disability and belongs to general category in the phone. Perusal of the same indicates that his personal details and that of the complainant have been filled in the same format. This seems to be in order unless any evidence to the controversy is produced by the complainant.   In any case, no additional benefit is likely to accrue to the complainant by suffixing OH to `General’ in her service details.

7.               With regard to stepping up of pay, the representatives of the respondent submitted that the stepping up of pay is possible if the senior and junior belong to the same gender and same subject.  Therefore, the stepping up of pay of the complainant w.r.t the pay of Sh. Ganraj would not be possible as he is a male teacher.

 8.              In the light of the submissions of the parties as brought out above, the complainant is advised to give the name of her junior who is in receipt of higher pay than her within one month from the date of receipt of this order.  On receipt of complainant’s request for stepping up of her pay, the respondent shall examine the same and take a decision on it within 03 weeks in accordance with the relevant circulars/instructions issued in this regard such as Directorate of Education, GNCT of Delhi’s Circular No. 38(11)/P&PF/Vol.I/619-938 dated 11.07.2013 and ensure that the complainant does not get harassed.  Action taken in the matter be intimated to this Court within three months from the date of receipt of this order as required under the RPwD Act, 2016.
           

The matter is disposed of accordingly.
Given under my hand and the seal of the Court this 5th  day of May,2017.     

                                                              (T.D. Dhariyal )
                                                             State Commissioner for Persons with Disabilities



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