Saturday, December 16, 2017

Kamal Kant Aggarwal Vs. Chairman Navyug School Education Society & Anr | Case No. 4/970/2015-Wel./CD/3415-17 | Dated:15.12.2017




In the Court of Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-23216002-04, Telefax: 23216005
[Vested with power of Civil Court under the Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/970/2015-Wel./CD/3415-17                                      Dated:15.12.2017

In the matter of:

Sh. Kamal Kant Aggarwal
Room No. 210, Electrical Block
Uttam Nagar, New Delhi -110059                                            ....................Petitioner

Versus

Sh. Naresh Kumar
The Chairman
Navyug School Education Society,
3rd Floor, Palika Kendra
Parliament Street, New Delhi-110001                                          ............Respondent

Smt. Vidushi Chaturvedi
The Director
Navyug School Educational Society
Head Office, N.P. Primary School,
Hanuman Road, New Delhi -110001                                             ...........Respondent

ORDER

The above named complainant, a person with 40% locomotor disability vide his complaint dated 20.04.2015 submitted that he participated in recruitment process with roll no. NTWTH-1619 for the post of TGT (Work Experience) in Navyug School Education Society (NSES) as a candidate with disability.  NSES accepted the order of Chief Commissioner for persons with disabilities in case No. 331/1011/09-10 that 5 vacancies were for PH Category.

2.  Although he had secured 49.8% marks and he was the only candidate with disability, yet he was not given the appointment.  He therefore, requested to direct the respondent to appoint him without any delay and with benefit of seniority and back wages. 

3.  The complaint was taken up with the respondent vide communication dated 08.05.2015 followed by reminder dated 19.06.2015. 

4.  The Respondent vide letter dated 03.07.2015 informed that during the hearings before the Chief Commissioner for persons with disabilities, it was submitted that the complaint would be considered for appointment as and when vacancies of TGT (Work Experience) would become available against direct recruitment quota as the RRs provided for filling the post of TGT 20% by direct recruitment and 75% by promotion.  There were 8 sanctioned posts of TGT (Work Experience) and all were filled up. Therefore, the case of the complainant would be considered for appointment on availability of vacancy against the direct recruitment quota. 

5.   The case was heard by the then Commissioner on 12.08.2015, 07.09.2015, 12.10.2015 and 10.12.2015.  After a number of exchange of correspondence, the respondent vide letter dated 15.03.2017 informed that the competent authority had approved the appointment of the complainant as TGT (Work Experience) against a vacancy reserved for persons with disabilities during the recruitment drive 2008-09 subject to completion of formalities. The office order dated 20.02.2017 also mentioned that the complainant would be given notional seniority on the post of TGT (Work Experience) equivalent to his immediate junior.  However, he will be given financial benefits from the date of his appointment/joining.

7.    The complainant vide his e-mail dated 16.04.2017 informed that he had not yet been given final appointment and therefore his case may not be closed till his final appointment.

 8.    As the complaint was pending for more than two years and there was no further communication from the complainant, he was contacted on his given mobile No. 8802303439 on 08.12.2017.  He informed that he had been given the offer of appointment.  However, as his pay was not protected and he has joined a post in DRDO, he did not wish to join NSES. 

9.   In view of the above, the complaint is closed and disposed off, accordingly.

10.    However I am constrained to observe that the concerned authorities took unusually long time to decide a matter involving the entitlement of a person with disability despite the directions/observations of statutory authorities and Hon’ble High Court of Delhi in his favour. The case deserved to be fast tracked and a decision taken as expeditiously as possible.  On the contrary it took 8 long years.  This is a case which compels one to get an impression that there is too much resistance amongst the functionaries to extend even the legitimate entitlements and the right to persons with disabilities.  It is unfortunate that a person with disability had to struggle for such a long period of time and was made to run from pillar to post. In such a scenario, many a hapless person with disabilities may prefer to forego their entitlements in the face of such resistance as the trade off would be too much to bear.  It is expected that with the coming into force of the Rights of Persons with Disabilities Act, 2016 from 19.04.2017 which also has provisions for punishment for contravention of the provisions of the Act or Rules or Regulations made there under, all concerned authorities/functionaries shall avoid situations as observed in this case and make efforts to comply with the provisions of the Act in letter and spirit and be more sensitive towards persons with disabilities.

10.    Given under my hand and the seal of the Court this 13th day of December, 2017.

(T.D. DHARIYAL)
Commissioner for Persons with Disabilities


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