Case Summary:
Rohtas
Singh Vs. The Commissioner, EDMC
Employment: Complainant
submitted that he met with an accident and lost his right arm, losing all his
property in his treatment and has no other means of livelihood than the kiosk
at Anand Vihar Railway Station.
Court
referenced recommendations made in Case No. 4/1233/2016-Wel/CD; (1) Persons
with disabilities vending as on 13.09.13 should not be disturbed and be allowed
to continue vending (2) Persons with disabilities who applied for the vending
license but was not granted it should not be denied vending rights on not being
covered by “existing vendors” on 13.09.13, so long as they can produce proof of
application. (3) Functionaries of Municipalities/Cantonment Board should be
sensitized to deal with persons with disabilities, particularly while seizing
and releasing their goods.
Court
enclosed a copy of the above order, and further noted that it is expected that
the concerned officers would take a sympathetic view and let the complaint earn
his livelihood lawfully and peacefully.
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No.
4/1581/2017-Wel/CD/1761-62 Dated:
08.09.2017
In the matter of:
Sh. Rohtas Singh
R/o
A-29, First Floor, DLF,
Bhopura,
Gaziabad,
Uttar
Pradesh-201005 ................
Complainant
Versus
The Commissioner
East Delhi Municipal
Corporation,
419,
Udyog Sadan,
Patparganj
Instl. Area,
Delhi-110096
………...…Respondent
Dates of Hearing 06.09.2017
Present: Sh. Rohtas Singh,
Complainant
Dr. M.L. Sharma, Asstt. Commissioner,
Shahdara, North Zone, Sh. Ritesh Kumar, Labour Welfare Supdt. Shahdara South
and Shahdara North on behalf of Respondent.
ORDER
The complaint dated
07.03.2017 of the above named complainant, a person with 89% locomotor
disability which was received from the Court of Chief Commissioner of Persons
with Disabilities vide letter dated 29.03.2017, was taken up with the
respondent vide notice dated 31.05.2017 followed by a reminder dated
25.07.2017. As there was no response
from the respondent, a hearing was scheduled vide the summons dated 25.08.2017.
2. None
appeared on behalf of the respondent on 06.09.2017. However, Dr. M.L. Sharma, Asstt.
Commissioner, Shahdara, North Zone and Sh. Ritesh Kumar, Labour Welfare Supdt.
Shahdara South and Shahdara North appeared in case No. 4/1616/2017-Wel/CD in
Mohd. Shabbir Ahmed Khan Vs. Commissioner East Delhi Municipal Corporation. They were requested to bring the matter to
the notice of the concerned Dy. Commissioner/Asstt. Commissioner and to take
appropriate action in the matter and submit a report by 19.09.2017. Copies of the relevant papers of the case were
also given to Dr. Sharma for handing over the concern Dy. Commissioner/Asstt.
Commissioner.
3. The
complainant reiterated his written submissions and stated that he met with an
accident on 26.11.2012 and lost his right arm.
He lost all his property in his treatment and has no other means of
livelihood than the kiosk at Anand Vihar Railway Station. He submitted that he may be allowed to earn
his livelihood as otherwise he and his family of 9 persons, would have no means
of livelihood.
4. This
court vide order dated 27.07.2017 has made the following recommendations in
case No. 4/1233/2016-Wel/CD in view of the fact that the representations in
those cases concern the livelihoods of a large number of persons with
disabilities who face adverse situations on day-to-day basis and that the issue
of constitution of the Town Vending Committees is before the Hon’ble High Court
of Delhi who are seized of the issues connected therewith:
“ i. The persons with disabilities, who were
vending as on 13.09.2013, should not be disturbed and be allowed to earn their
livelihood by selling various articles.
ii Persons with disabilities who fulfilled
eligibility conditions and had applied for vending licence, allotment of kiosks
etc. Before 13.09.2013 but were not issued the licence while those who applied
after them, were given the licence, should not be denied vending right on the
ground that their names do not exist in the list of registered vendors as they
would have been covered under the ‘existing vendors’ as on 13.09.2013 had their
applications been processed in time by the concerned Municipal
authorities. Such vendors should however
produce the proof of having applied for the vending licence, allotment of
kiosks, etc.
iii The concerned functionaries of the
Municipalities/Cantonment Board should be properly and adequately sensitised to
deal with persons with disabilities with dignity, particularly while seizing
and releasing their goods (perishable/non-perishable) which should be released
within the prescribed time limit and be considerate in levying fines.”
5. A
copy of the order dated 27.07.2017 is enclosed with this order.
6. It
is expected that the concerned officers would take a sympathetic view and let the
complainant earn his livelihood in a lawful and peaceful manner. The complainant is disposed off.
7. Given under my hand and the seal of the
Court this 8th day of August, 2017.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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