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.
4/1014/2015-Wel/CD/3359-60 Dated:
13.12.2017
In the matter of:
Sh. Subhash Chandra
Chauhan
H-4, Dhaka Colony
MCD Flats, Delhi
..............Petitioner
Versus
Sh. Madhup Vyas
Commissioner
North
Delhi Municipal Corporation
Dr. S.P.M.
Civic Centre
New
Delhi -110002 ..............Respondent
Date of Hearing: 08.12.2017
ORDER
The above complainant, a
person with blindness vide his complaint dated NIL received on 23.06.2015
submitted that he is working in North Delhi Municipal Corporation and living in
Quarter No. H-4, Dhaka Colony. He wanted
to change his quarter from H-4 to G-52 or G-25 or any quarter on first floor
due to certain circumstances. He had
requested the concerned department vide his applications dated 01.04.2015 and
15,.05.2015. When he enquired, he was
informed that there was no vacant quarter.
Whereas so many quarters were vacant in G Block.
2. The complaint was taken up with the
respondent vide communication dated 25.06.2015 followed by reminder dated
24.07.2015 and 10.08.2015. The then
Commissioner for Persons with Disabilities heard the matter on 10.09.2015,
10.12.2015, 29.10.2015 and 26.11.2015.
On the last hearing the then Commissioner directed the representatives
of the respondent (Sh. Rajesh Dogra, Superintendent) to submit further progress
reports. However, despite another
communication dated 4.3.2016, neither the respondent submitted any progress
report nor has the complainant pursued his case. On 08.12.2017, the complainant was contacted
on his given telephone No. (886029798 and 9868386264). While there was no response from telephone
No. 886029798, the other telephone No. 9868386264 was switched off.
3. As per the compendium of allotment of
government residence (in general pool Rules, 1963 and Guidelines, persons with disabilities (locomotor
disabilities, mental retardation and persons with cerebral palsy)are entitled
to be considered for discretionary out of turn allotment of GPRA against 5%of
vacancies occurring in each type of house in a calendar year on medical grounds
alongwith persons suffering from various diseases.
4. As per para 2, E of DOP & T’s O.M. No.
6035/3/2013 –Estt.(RES) dated 31.03.2014,
Directorate of Estates may give preference to persons with disabilities
for providing accessible residence from the place of posting and they may be
preferred for allotment of ground floor residence. Possibility of existing accommodation being
renovated to make them conveniently accessible to persons with disabilities be
explored by the Directorate of Estates.
5. As this case is pending for nearly two and
a half years and the complainant has not pursued the case, possibly because the
concerned authorities not being considerate enough, if his request for change
of government quarter has not yet been acceded to, it will be expedient to
dispose off the complaint with the direction to the respondent to consider the
request of the complainant in accordance with the policy of Directorate of
Estates, Government of India if the same is applicable to the employees of
North Delhi Municipal Corporation and DOP & T’s instructions mentioned above
and inform him of the decision within three months from the date of receipt of
this order under intimation to this court as required under Section 81 of the
Rights of the Persons with Disabilities Act,2016.
6. The complaint is disposed off accordingly.
7. Given under my hand and the seal of the Court
this 13th day of December, 2017
(T.D. DHARIYAL)
Commissioner for Persons with Disabilities
No comments:
Post a Comment