Case Summary:
Awadesh
Kumar Prajapati Vs. The Director, Director of Education
Employment: Complainant
submitted that he has not been considered for promotion from TGT to PGT despite
seniority No. of 3949 while his colleague with seniority No. 4007 has been.
Respondent submitted that the other TGT was under SC category and the last
seniority number in the zone of consideration under SC category was 4591. The
Complainant comes under General category and the last seniority No in that
category is 3316. In addition, it was noted that there is no reservation for
persons with disabilities in Group-A & B posts. The
position was explained to the complainant and the complaint was accordingly disposed
of.
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/ 1649/2017 -Wel/CD/ 2447-48 Dated:
27.10.2017
In
the matter of:
Sh. Awadesh Kumar Prajapati,
R/O-D-4, Delhi Admn. Flats,
Model Town-I, Delhi-110009. .……… Complainant
Versus
The Director,
Directorate of Education,
Old Sectt., Delhi-110054. …...…Respondent
Date of hearing: 17.10.2017
Present None on behalf of complainant.
Ms.
Shakti Singh, Suptd. on behalf of Respondent.
ORDER
The
above named complainant, a person with blindness vide his complaint dated
06.05.2017 submitted that he is working as TGT(Hindi) in Govt. of NCT of
Delhi. His Seniority No. is 3949 as per
Circular dated 27.04.2011 but his name has not been considered for promotion to
PGT (Hindi). Whereas Sh. Darvesh Kumar,
TGT (Hindi) with Seniority No. 4007 has
been kept at Sl.No. 165 for promotion.
2. The complaint was taken up with the
respondent vide letter dated 27.07.2017. As no response was received, a hearing
was scheduled on 17.10.2017. In the
meantime Directorate of Education vide letter dated 21.09.2017 informed the complainant with a
copy to this Court that Sh. Darvesh Kumar was appointed as TGT (Hindi) and was
allotted Seniority No. 4007 under SC category. The last Seniority number in the
zone of consideration for PGT (Hindi) in SC category is 4591. Therefore, the
name of Sh. Darvesh Kumar with Seniority No. 4007 exists in the consideration
zone. On the other hand, the Seniority number in the consideration zone for PGT
(Hindi) in general category is 3316. Since the complainant is at Seniority No.
3949, his name does not exist in the consideration zone for promotion for the
year 2015-16.
3. During the hearing, the representative of
the respondent also stated that the position has explained to the complainant
and if he still has some doubts, he can contact the concerned officer (Sh.
Shakti Singh, Superintendent).
4. As the complainant was not present during
the hearing, he was contacted on telephone on 23.10.2017. He confirmed the receipt of letter dated 29.09.2017. He further stated that the Notice of hearing
dated 18.09.2017 was not received by him though the same was not received back
in this Court undelivered.
5. In addition to the position mentioned in
the letter dated 21.09.2017 of the
respondent, it was clarified to the complainant that as per existing
instructions of DoP&T, Govt. of India which are applicable to the employees
of Govt. of NCT of Delhi, there is no reservation for persons with disabilities
in promotion to Group-A and Group-B posts.
As PGT (Hindi) is a Group-B Post, the complainant would have to be
considered alongwith his vertical category counterparts i.e. those belonging to
general category for promotion to the post of PGT(Hindi). Since no person
junior to him has been included in the consideration zone list as per him, no
discrimination has been meted out to him.
The complainant confirmed that he has understood the position as
explained to him.
6. In the light of the above position, the
complaint is disposed of.
Given under my hand and the seal of the Court
this 27th day of October, 2017.
(T.D. Dhariyal )
State Commissioner for Persons with Disabilities
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