Saturday, June 10, 2017

S.G.S. Sisodia Vs. Dte. of Education | Case No. 4/998/2015-Wel/CD/ 695-96 | Dated: 09.06.2017







             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. 4/998/2015-Wel/CD/ 695-96                   Dated:  09.06.2017

In the matter of:

Sh. S.G.S. Sisodia
General Secretary
Indian Association of  the  Blind
S.K – 33, Sindhora Kalan Village
Delhi – 110052.
Versus

The Director,
Directorate of Education
Old Secretariat, Delhi – 110054.

ORDER

            Sh. S.G.S Sisodia, General Secretary of Indian Association of the Blind vide complaint dated 27.05.2015 submitted that Sh. Trepen Singh Music teacher and Smt. Kanta Devi, UDC ( both visually impaired ) were working in GGSSS, Nathu Pura Delhi since the posting of Smt. Kanchan Atri, Vice Principal they are being harassed by her.  She was not even granting Child Care Leave to Smt. Kanta Devi, The Vice Principal always directs her to teach students and do the visiting work. He further, stated that Smt. Kanchan Atri, comments that it is great loss by providing job to blind persons as they do nothing and take salary. Although the association tried to sort out the issue on telephone, Smt. Atri did not listen to them.

2.         The complaint was taken up with the Directorate of Education, vide communication dated 04.06.2015. The Respondent vide letter dated 17.06.2015 informed that as the Head clerk of the school informed that Smt. Kanta Devi was not able to do any ministerial work, she could take two or three absentee periods. As per her request she was given to two or three absentee periods. As regards her application for CCL,  she had not given any ground and therefore she was asked to apply for earned leave which was sanctioned. The brother of Mrs. Kanta Devi, abused Smt. Atri and threatened her to complain against her to the Indian Association of the blind.

3.         With regard to the complaint of Sh. Trepan Singh,  the respondent stated that the previous HOS, Mrs. Saroj Kumari, gave him ‘average’ grading because he did not organise assembly, music system during the assembly as per record.  Even VCR had not been purchased. He did not use Harmonium during the assembly. It was further stated that Smt. Atri gave him all guidance for organising the prayer and provided him all facilities like music system, cassette, P T drum etc,  yet he did not take any initiate and the assembly was being organised with the help of other teachers. Despite all this he was given ‘good’ and ‘very good’ ACR. The reply of the respondent was forwarded to the complainant for comments vide letter dated 23.06.2015.

4.         The complaint  forwarded the comments of Mrs. Kanta Devi and Sh. Trepen Singh (vide letter dated 05.07.2015).  Smt. Kanta Devi has stated that she requested for CCL to look after her daughter therefore it was wrong to say that she had not mentioned the ground for CCl. She also denied threatening by her brother.   Sh. Trepen Singh refuted the contention of  Ms. Atri and stated that proper music system was not provided and harmonium was of lowest quality. Smt. Atri did not consult him to purchase the harmonium.  His students win the prizes but Smt. Atri  humiliates him for not getting first prize. The complainant also submitted that Smt. Atri should be transferred from Nathu pura school and  a high level inquiry should be set up to find out the facts as the other staff is afraid of her and would not reveal, the truth the then Commissioner for Persons with Disabilities observed that the grievance of visually impaired teachers/vice principals were not being effectively and adequately addressed and therefore convened a meeting with Secretary Education and Director of Education so that a robust mechanism was put in place to resolve such matters.

5.         The respondent vide letter dated 11.12.2015 informed that the ‘average’ grading in the ACR of  Sh. Trepen Singh had been upgraded to ‘good’. The Respondent also clarified that ‘average’ grading was awarded to him by the previous Principal and not Smt. Atri. As regards the demand for transfer of Smt. Atri,  the respondent stated that she was running the school well with progressively improved results, besides participation in Republic Day Parade. Further, the parents did not want her to be transferred.

6.         As regards Ms. Kanta Devi, she was advised to write an application to convert her earned leave into CCL.  When she applied for it, her earned leave was  converted into CCL.

7.         Vide letter dated 11.05.2017,  the complainant was advised to submit  his comments on the reply dated 11.05.2017 of the respondent by 26.05.2017, failing which the case would be treated as closed. As no comments have been received from the complainant, the case is closed and disposed of accordingly.           
    
               Given under my hand and the seal of the Court this 9th day of June, 2017.     

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

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