Saturday, December 23, 2017

Kapil Kumar Aggarwal Vs. Secretary, Deptt of Health & Family Welfare & Anr. | Case No. 4/1014/2015-Wel/CD/3499-3502 | Dated: 22.12.2017


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. 4/1014/2015-Wel/CD/3499-3502                                Dated: 22.12.2017

In the matter of:

Sh. Kapil Kumar Aggarwal
President, Federation of Disabled Rights, Delhi
G-Block, Basti Vikas Kaendra,
Mangol Puri, New Delhi                                                                 .............Petitioner
Versus
Secretary
Department of Health & Family Welfare
9th Level, Delhi Secretariat
I.P.Estate, New Delhi -2

Director
Directorate of Employment
5, Shamnath Marg, Delhi                                                               .............Respondent

ORDER 
          Sh. Kapil Kumar Aggarwal filed a complaint dated 08.07.2015 in the Office of Chief Commissioner of Disability, Government of India which was forwarded to this office.  The complaint pertained to various demands for implementation of the Persons with Disabilities Act, 1995 with focus on following points: -
                     I.        Ensure rehabilitation of persons with disabilities through Vocational Rehabilitation Centres DGE& T, Ministry of Labour and employment, Government of India and compliance of 3 % reservation in government services.

            II.        Directorate of Health Services, Government of NCT of Delhi should simplify process of disability assessment and issuance of certificates based on the guidelines and Gazette Notification Regd. DL 33004/99 (Extraordinary) Part-II, section-I, June 13th 2001, issued by Ministry of Social Justice and Empowerment, Government of India.

           III.        Notification on reservation for job seekers should be ensured by Special Employment Exchange, Directorate of Employment, Government of NCT of Delhi under different special employment exchanges. 

3.    The matter was taken up vide letter dated 20.07.2015 with the Department of Social Welfare, Health and Family Welfare Department, Directorate of Employment, Government of NCT of Delhi.  As no response was received despite reminders dated 10.08.2015, 03.09.2015, a hearing was scheduled 12.10.2015 and the concerned Departments were directed to submit Action Taken Report on the issues flagged by the Complainant.  Action Taken Reports were submitted by Directorate of Social Welfare, Health and Family Welfare and Directorate of Employment, Government of NCT of Delhi. On the instructions of Health and Family Welfare Department, various hospitals registered for issuance of Disability Certificate also submitted reports about the status of each hospital separately.
 4.    The Complainant appeared before the State Commissioner on 07.12.2017 in connection with some issues. During the meeting, this case was also discussed.  He submitted that since the replies from the respondents have been received, the case may be closed.  He was advised to send an e-mail to this effect and if the e-mail was not received by 12.12.2017, case would be closed.
 5.    As no email has been received from the complainant till date; the complaint is closed and disposed of.
 6.    Given under my hand and the seal of the Court this 22nd day of December, 2017.


(T.D. DHARIYAL)
STATE COMMISSIONER FOR PERSONS WITH DISABILITIES



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