Tuesday, January 30, 2018

Smt. Suman, M/o Ms. Nisha Vs. Divisional Commissioner, Deptt of Revenue | Case No. 4/1116/2015-Wel/CD/4012-4013A | Dated: 29.01.2018



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. 4/1116/2015-Wel/CD/4012-4013A          Dated: 29.01.2018

In the matter of:

Smt. Suman, M/o Ms. Nisha,
A-297-298, Block A, Shahbad Dairy.
New Delhi-110042.                                                .……… Complainant     

                                                                     Versus
The Divisional Commissioner,
Department of Revenue, GNCT of Delhi,
Sham Nath Marg,
New Delhi-110054.                                                      ...…Respondent

        
ORDER

              The above named complainant vide her complaint dated 03.08.2015 submitted that she had submitted the papers in the Office of the Divisional Commissioner-Cum-Secretary(Revenue)  for guardianship of her 20 years old daughter Ms. Nisha, who is a person with mental retardation.  No further action has been taken. She requested to pass an order for issuance of guardianship certificate in respect of Ms. Nisha. 

2.           The matter was taken up with the respondent vide communication dated 23.09.2015 followed by reminders dated 02.11.2015, 24.11.2015, 15.02.2016, and 04.07.2016.  National Trust was also requested vide letter dated 08.11.2016 to take necessary action for appointment of legal guardian in respect of Ms. Nisha. 

3.           When the matter was scheduled for hearing vide notice dated 20.02.2017, SDM(HQ), District (North) vide letter dated 21.03.2017 submitted that the relevant papers were not found in his office. One Sh. R.K. Sharma, Section Officer(Admn.) collected the papers on the date of hearing on 29.03.2017.  Thereafter, Sh. R.K. Sharma vide letter dated 09.05.2017 requested Smt. Suman and Sh. Satish Kumar, the parents of Ms. Nisha to see him in R.No. 29, District Magistrate (North), Alipur, Delhi-110036 on any working day.  As there was no communication from either party,  the complainant was advised to submit the comments, if any on the letter of the respondent  vide letter dated 01.08.2016.  However, the letter was received back with the remarks of the postal authorities that the addressee could not be traced.

4.           As it was also observed that the disability certificate submitted by the complainant alongwith her complaint was not issued by the appropriate medical authority, she was contacted on the given Mobile Number 9958600861 on 16.01.2018 and 18.012018. Sh. Satish Kumar F/o Ms. Nisha informed that Maharishi Valmiki Hospital has issued a disability certificate for 70% mental retardation in respect of his daughter.  He also informed that the SDM Office has issued a yellow card and told him that the card can be used for all purposes including guardianship purpose. When contacted on another number – 9899335009 mentioned in the copy of Form-A for appointment of guardian,  one Sh. Dilip Kumar,  Honorary Director, Mother Home, GT Karnal Road, Libaspur, answered and said that despite best efforts, he could not succeed in getting the guardianship of Ms. Nisha.

5.           It seems that the yellow card issued by the Revenue Department in respect of Ms. Nisha is the disability Identity Card and not the guardianship certificate under the National Trust for the Welfare Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (National Trust Act).

6.      As per Section 13 of the National Trust Act, the Local Level Committee shall consist of an officer of civil service of the union or of the state, not below the rank of a District Magistrate or District Commissioner of a district.  In Govt. of NCT of Delhi the District Magistrates head the Local Level Committees.  Section 14 of the said Act mandates the Local Level Committee, among other things,  to receive process and decide applications of a guardian and make the recommendation for appointment of a guardian under National Trust Act and send the same to the board.  As per Rule 6 of National Trust Rules 2000, the Chairperson National Trust shall be responsible for proper functioning of the Trust including Local Level Committees and ensure implementation of the policies and programmes of the Trust.

7.      Section 81 of the Rights of Persons with Disabilities Act, 2016 provides that whenever the State Commissioner makes a recommendation to an authority in pursuance of Clause (b) of Section 80 that authority shall take necessary action and inform the State Commissioner of the action taken within 3 months from the date of receipt of the recommendation.  The said Act also provides for punishment for contravention of the provision of the Act or Rules or Regulations made thereunder and for failure to furnish information.

8.           In the facts and circumstances of this case, it is recommended that the respondent should direct the concerned officers to contact the parents of Ms. Nisha and help them apply for appointment of guardian in respect of Ms. Nisha under the National Trust Act within 3 months from the date of receipt of this order and intimate this Court as required under Section 81 of the Rights of Persons with Disabilities Act, 2016.  Sh. Dilip Kumar, Honorary Director of Mother Home, GT Karnal Road, is also advised to assist the complainant in getting the guardianship certificate.

9.           Chairperson National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities is also advised to take appropriate measures to ensure that guardian is appointed under the National Trust Act in respect of Ms. Nisha and inform this Court within 3 months from the date of receipt of this order.

10.         Given under my hand and the seal of the Court this 29th day of January, 2018.

           (T.D. Dhariyal )
                      State Commissioner for Persons with Disabilities

Copy to:- The Chairman, National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, 16-B, Bada Bazar Road, Old Rajinder Nagar, Rajinder Nagar, Delhi-110060; with the request to take action as advised vide Para 09 of this order.

View the digitally signed PDF Order here:

Tuesday, January 23, 2018

Ajay Kumar Vs. North Municipal Corporation | Case No. 4(682)/2014-Wel/CD/3933-34 | Dated: 22.01.2018




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(682)/2014-Wel/CD/3933-34                  Dated: 22.01.2018

In the matter of:

Sh. Ajay Kumar,
S/o Sh. Dharam Pal Singh
Aashirwad Apartment,
A-31, Plot No. 11, Sector-12,Dwarka,
New Delhi-110078.                                                .……… Complainant     

                                                                     Versus
The Commissioner,
North Delhi Municipal Commissioner,
4th Floor, Dr. S.P.M. Civic Center,
New Delhi-110002.                                                     …...…Respondent

        
ORDER

              The above named complainant, a person with 40% locomotor disability vide his complaint dated 13.06.2014 received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 08.07.2014 alleged denial of promotion from the post of Section Officer (Horticulture)  to the post of Assistant Director (Hort.), a Group B post against a reserved vacancy for persons with disabilities.  

2.           The matter was taken up with the respondent vide communication dated 01.08.2014.  After a number of correspondence and hearings, the respondent informed that in light of the DoP&T’s OM No. 36035/3/2004-Estt.(Res.) dated 29.12.2005, the complainant was not covered for promotion under the quota reserved for persons with disabilities. DoP&T to whom a reference was made, also informed that the matter of reservation for persons with disabilities in case of promotion from Group-C to Group-B or within Group-B was under examination in consultation with the Department of Legal Affairs, Ministry of Law & Justice vide their letter dated 09.01.2015. The respondent vide letter dated 05.02.2015 also informed that a speaking order will be passed on receiving a reply from the DoP&T. 

3.           The complainant was directed to submit his comments, if any within 15 days on the response of the respondent vide letter dated 06.12.2017 failing which it would be presumed that he had nothing to say in the matter and the case would  be treated as closed and disposed off. So far,  no comments from the complainant have been received.

4.           In view of the above and the fact that as per DoP&T’s instructions as on date, there is no reservation for persons with disabilities in promotion to Group-B and Group-A posts, the complaint is closed and disposed of accordingly.

5.           Given under my hand and the seal of the Court this 22th day of January, 2018.

           (T.D. Dhariyal )
                      State Commissioner for Persons with Disabilities



Ajay Kumar Vs. NDMC | Case No. 4(682)/2014-Wel/CD/3933-34 | Dated: 22.01.2018

Case Summary:

Employment - Promotion


Complainant with 40% locomotor disability alleged denial of promotion from post of Section Officer to Assistant Director, which is a Group B post. Respondent submitted that the matter of reservation for PwD for promotion from Group C to Group B was under examination in consultation with the Department of Legal Affairs, Ministry of Law & Justice.

Directions: On receiving no reply from the complainant following this information, the complaint was closed and dismissed as there are currently no legal provisions for reservations for PwD to Group A/B posts.

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
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(682)/2014-Wel/CD/3933-34                              Dated: 22.01.2018

In the matter of:

Sh. Ajay Kumar,
S/o Sh. Dharam Pal Singh
Aashirwad Apartment,
A-31, Plot No. 11, Sector-12,Dwarka,
New Delhi-110078.                                                .……… Complainant     

                                                                     Versus
The Commissioner,
North Delhi Municipal Commissioner,
4th Floor, Dr. S.P.M. Civic Center,
New Delhi-110002.                                                     …...…Respondent

        ORDER
              
The above named complainant, a person with 40% locomotor disability vide his complaint dated 13.06.2014 received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 08.07.2014 alleged denial of promotion from the post of Section Officer (Horticulture)  to the post of Assistant Director (Hort.), a Group B post against a reserved vacancy for persons with disabilities.  

2.           The matter was taken up with the respondent vide communication dated 01.08.2014.  After a number of correspondence and hearings, the respondent informed that in light of the DoP&T’s OM No. 36035/3/2004-Estt.(Res.) dated 29.12.2005, the complainant was not covered for promotion under the quota reserved for persons with disabilities. DoP&T to whom a reference was made, also informed that the matter of reservation for persons with disabilities in case of promotion from Group-C to Group-B or within Group-B was under examination in consultation with the Department of Legal Affairs, Ministry of Law & Justice vide their letter dated 09.01.2015. The respondent vide letter dated 05.02.2015 also informed that a speaking order will be passed on receiving a reply from the DoP&T. 

3.           The complainant was directed to submit his comments, if any within 15 days on the response of the respondent vide letter dated 06.12.2017 failing which it would be presumed that he had nothing to say in the matter and the case would  be treated as closed and disposed off. So far,  no comments from the complainant have been received.

4.           In view of the above and the fact that as per DoP&T’s instructions as on date, there is no reservation for persons with disabilities in promotion to Group-B and Group-A posts, the complaint is closed and disposed of accordingly.

5.           Given under my hand and the seal of the Court this 22th day of January, 2018.

     (T.D. Dhariyal)
                      State Commissioner for Persons with Disabilities



Friday, January 19, 2018

Sonu Bhola Vs. DCP (East District), Delhi Police | Case No. 4/469/2013-Wel/CD/3916-17 | Dated:18.01.2018



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-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/469/2013-Wel/CD/3916-17                                           Dated:18.01.2018

In the matter of:

Sh.Sonu Bhola,
S/o Jagan Nath,
R/o A-89, Street No.8,
Jagat Puri, Krishna Nagar,
Delhi-110051.                                                                            .....Complainant     

                                                                      Versus

The Deputy Commissioner of Police (East),
East District,
I.P. Extension, Patpar Ganj, Institutional Area,
Mandawali Fazalpur,
Delhi-110092.                                                                               ...... Respondent

Present:                         None
Date of hearing:           16.01.2018 
           
ORDER

                  The above named complainant,  a person with locomotor disability vide his complaint dated 29.07.2013 submitted inter alia that his wife gave birth to a baby boy on 01.07.2013 in Ashok Nursing Home (ANH), Krishna Nagar, Delhi.  He was informed by ANH that since the baby boy was low weight i.e. 1.98 Kg, there was need for the child to stay in hospital for few days to manage the treatment.  On 4th July, 2013 ANH informed the complainant that the baby is serious and needs treatment at higher centre.  ANH discharged the baby and the complainant’s wife (patient) without giving the complete referral document.  The complainant tried to admit the baby in Shanti Mukund, Max Balaji, Kalawati Saran and Gangaram Hospitals one by one, but each hospital denied to admit him.  Finally, he admitted the baby in Holy family Hospital (HFH).  The doctors at HFH were struggling hard to know the exact problem with the baby in absence of the good referral documents.  On 9th July, 2013 the complainant reached ANH to collect the medical treatment history or case summary of the baby.  Since ANH was not providing the case summary of the baby, the complainant had to call the police through help line No. 100. The PCR van came at around 4.30 PM and Sh. Shive Kumar, IO, PS Krishna Nagar, East District was informed the full situation and the requirement of the documents from AMH.  Thereafter, the IO had a meeting with the people of ANH in the room.  The complainant has alleged that the IO ignored his request and did not help him in getting the case summary/medical treatment documents of the baby from ANH.  It has been also alleged by the complainant that till date Sh. Shive Kumar, IO, Delhi Police has not contacted him even a single time to know the status of his baby and he had not shared any development over the complaint of getting the medical history of his child.  His baby is still struggling at HFH.  The complainant has requested to take some concrete and possible action in the matter at the earliest. 

2.               As there was no information about the conclusion of the investigation by the Police and also the complainant had not followed up the case for long, a hearing was scheduled on 16.01.2018.  Neither the complainant nor the representative of the respondent appeared. The complainant was, however, contacted on his given mobile number 9213953775 and he stated that although his full address was not mentioned in the notice, he did not want to pursue the matter and it be closed.

3.               As the claims and counter claims of the parties have been investigated by the Police and the complainant has not alleged any harassment at this stage, the complaint is closed.

4.               It is however, brought to the notice of the parties that the Rights of Persons with Disabilities Act, 2016 provides for protection to persons with disabilities from abuse, violence and exploitation.   Section 7 of the said act also mandates the appropriate government to take measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to take various measures to prevent the same. Section 7(4) also provides for action to be taken by a Police Officer who receives a complaint or otherwise comes to know about abuse, violence or exploitation towards any person with disability.  Office of the Commissioner of Police: Delhi vide Circular No.28/2017 dated 25.10.2017 has directed all District DCsP to take necessary action to make IOs aware of the provisions of the Rights of the Persons with Disabilities Act, 2016 and to ensure its effective implementation. A copy of the said circular is enclosed.  It may be ensured that the complainant, who is a person with disability is not deprived of his legitimate rights.

3.             The matter is disposed off accordingly.

4.               Given under my hand and the seal of the Court this 18th  day of January,2018.     



Encl: As above.                                                                                         (T.D. Dhariyal)
                                        State Commissioner for Persons with Disabilities


Thursday, January 18, 2018

Pirappa S/o Sh. Hemlappa Vs. North Delhi Municipal Corporation | Case No. 4/511/2013-Wel/CD/3907-10 | Dated 17.01.2018



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. 4/511/2013-Wel/CD/3907-10                                          Dated 17.01.2018

In the matter of:

Sh. Pirappa S/o Sh. Hemlappa,
H.No. 65, WU 43/12, Jagat Mata Khushta Ashram,
Tilak Nagar, New Delhi-110018.                       …………..Complainant
                                                                  
Versus

The Director In Chief(DEMS),
North Delhi Municipal Corporation,
Dr. SPM Civic Centre,
New Delhi-110002.                                                ……….Respondent

Case No. 4/1324/2016/Wel/CD                       

In the matter of:                                                  
Sh. Pirappa S/o Sh. Hemlappa,
H.No. 65, WU 43/12, Jagat Mata Khushta Ashram,
Tilak Nagar, New Delhi-110018.                       …………..Complainant
Versus
The Director in Chief (DEMS),
North Delhi Municipal Corporation,
4th Floor, Dr. S.P.M. Civic Centre,
New Delhi-110002.                                            …………….Respondent


Case No. 4/1481/2016-Wel/CD

In the matter of :
Sh. Bimbadhar Sethi,
General Secretary,
Vandemataram Swasth Kust Rogi Majdoor Punarvash Sangathan,
Vandematram Bhawan, Room No. 01,
Leprosy Complex, Shahdara,
New Delhi-110095.                                                      ….Complainant

Versus
The Commissioner,
North Delhi Municipal Corporation,
4th Floor, Dr. SPM Civic Centre,
New Delhi-110002.                                                      ….. Respondent

Date of Hearing :          11.01.2018

Present: Sh. Pirappa, Sh. Bimbadhar Sethi, Akela Anand & Indrajeet
     Kumar for Complainant
               Sh. Ramider Singh, A.C. (DEMS), Sh. J.P. Kaushik, SSA.  

ORDER

          The issue involved in the first case of Sh. Pirappa has since been resolved; but order has not been passed.  In the next two cases the issues involved and the respondents are the same and therefore, all the three cases are being disposed of by a common order.

4/511/2013-Wel/CD

          Sh. Pirappa, a leprosy cured person in his complaint which was forwarded by Dr. Brahm Dutt, President, Federation of Leprosy Organizations submitted that he was working in South Delhi Municipal Corporation (SDMC) as Safai Karamchari since 27.05.2003.  39 Safai Karamcharis who joined almost the same time had been regularized.  However, he had not been regularized.

2.      The matter was taken up with SDMC and after exchange of a number of correspondences, the complainant was regularized w.e.f. 03.11.2015.

Case No. 4/1324/2016/Wel/CD

3.      Vide his another complaint, Sh. Pirappa submitted that he had not been paid the outstanding dues from the year 2003 to 2015.  Subsequently,  vide his letter  dated 08.06.2017, the complainant submitted that while others were regularized from back date, he was regularized from the current date.  He, therefore, requested that he should be regularized from 2004 and should be paid the salary accordingly.

4.      The matter was taken up with the respondent vide notice dated 31.07.2017.

Case No. 4/1481/2016-Wel/CD

5.      The complainant vide his complaint dated 26.11.2015 submitted that the North Delhi Municipal Corporation (North DMC) was regularizing the leprosy cured daily wager Safai Karamcharis from the current date instead of 01.04.2006, which was unjustified.  He requested that the leprosy cured Safai Karamcharis should be regularized w.e.f. 01.04.2006 so that they can get the seniority and financial benefits.

6.      The complaint was taken up with the respondent vide communication dated 23.12.2016 followed by reminders.  A number of hearings were also held  alongwith other cases namely 4/520/2013, 4/1110/2015, 4/1170/2015 & 4/1171/2015. Those cases were disposed off vide a common order dated 09.05.2017 as the question therein was regularization of the services and reservation of 3% vacancies. In Para 10 of that Order it was mentioned that this case would be dealt separately as it involved the question of date of regularization of those who were engaged as daily wagers after 31.03.2003, which was also the subject matter of case No. 4/1481/2016/Wel/CD.    Vide RoP  Dated 16.08.2017 in Case No. 4/1324/2016-Wel/CD, it was observed that it would amount to  discrimination if the leprosy cured persons who were engaged as Daily Wager Safai Karamcharis from 01.04.2003 onwards were not regularized either from  01.04.2006 or  01.04.2007.  The RoP dated 16.08.2017 is reproduced  below:

“The complainant submitted that he was engaged as a daily wager as safai karamchari under physically handicapped quota vide the then MCD’s letter dated 28.04.2003.  He joined on 27.05.2003.  He was regularised in the post of Swachta Karamchari w.e.f 11.10.2015.  On the other hand 153 leprosy cured persons who were engaged as Safai Karamcharis on or before 31.03.2003, were regularised w.e.f. 01.04.2006 vide orders issued on different dates.  The persons who were engaged as daily wager safai karamcharis after 31.03.2003 including the complainant, are being regularised with immediate effect i.e. the date of issue of the office order by the concerned MCD.  Since he was also appointed under the same policy of MCD against the quota of persons with disabilities, he should not be treated differently from those who were appointed on or before 31.03.2003.  Therefore, he should also be regularised w.e.f. 01.04.2006.

2.      The representatives of the respondent submitted that the leprosy cured persons who were engaged as Safai Karamcharis against the quota of persons with disabilities on or before 31.03.2003 were regularised from a fixed date i.e. 01.04.2006 alongwith other daily wagers with the approval of the then Commissioner, MCD.  The decision to regularise the leprosy cured daily wagers engaged against the quota of persons with disabilities after 31.03.2003, was taken under the resolution of North Delhi Municipal Corporation No. 68 date 16.06.2015, which reads as under:-                                                                                                                                              “Resolved that as proposed by the Commissioner in his letter No.           F.33/DEMS/NDMC/26/C&C dated 16.04.2015 and recommended by the Standing Committee vide its Resolution No. 15 dated 27.05.2015, approval for regularisation of services of 74 Leprosy Cured Daily Wager Swacchchhata Karamcharies of EMS Deptt., North DMC, as detailed in the aforesaid letter, be accorded”.
Year of engagement
Due date for regularization
01.04.1994 to 31.03.1996
01.04.2003
01.04.1996 to 31.03.1998
01.04.2004
01.04.1998 to 31.03.2000
01.04.2005
01.04.2000 to 31.03.2003
01.04.2006
 





3.     In view of the above, being a policy decision duly approved by the Corporation, no other date can be assigned for regularisation of the said 74 leprosy cured daily wager Safai Karamcharis, including the complainant.  Any such matter relating to the Safai Karamcharis is dealt with by the Labour Welfare Department of the Corporation in consultation with the Law and Finance Department.

 4.     It is observed that the leprosy cured persons were engaged as daily wager Safai Karamcharis in the then MCD under the provisions of the same legislation i.e. Persons with Disabilities Act, 1995.  Therefore, it is logical that those who were engaged after 31.03.2003 are also regularised on the same principles as in respect of those who were engaged on or before 31.03.2003.  The later were regularised in the following sequence:

5.      It would therefore be reasonable to consider the leprosy cured persons who were engaged as daily wager Safai Karamcharis from 01.04.2003 onwards for regularisation either from 01.04.2006 or 01.04.2007.  Otherwise the discrimination against them appears apparent.

6.      In the light of the above, the respondent is advised to consider the complainant and similarly placed other leprosy cured Safai Karamcharis for their regularisation in the manner stated above.  Action taken in the matter may be intimated within 3 months from the date of receipt of these proceedings.  A copy of these proceedings is being marked to Additional Commissioner (Labour), North Delhi Municipal Corporation for consider expeditious action within the time frame indicated above”.
         
7.      On the next date of hearing on 11.01.2018, the representatives of the respondent submitted that in compliance with the directions of this Court vide RoP dated 16.08.2017, a proposal for recommendation of the Additional Commissioner (Labour), North DMC for fixing the effective date for regularization of the services of Sh. Pirappa and other similarly placed Leprosy Cured Daily Wager Safai Karamcharis who were engaged after 31.03.2003 in the zones was prepared and sent to Additional Commissioner (Labour). The Additional Commissioner (Labour) though agreed in principal, yet did not specify the effective date for regularization.  The file was then referred to the Law Department of North DMC for legal opinion. That Department advised that the effective date should be decided by the Additional Commissioner (Labour). 

8.      They further stated that North DMC has drafted a preamble for seeking approval of the House of the Corporation and the file has been submitted.  However, the effective date of regularization is to be recommended by the Additional Commissioner (Labour) and  to be approved by the House. 

9.      Sh. Bimbadhar Sethi, the complainant in case No. 4/1481/2016-Wel/CD submitted that all the 286 Leprosy Cured Daily Wager Safai Karamcharis were selected for engagement by common and single decision.  Merely because the date of joining of some of them happened to be a few days later than 31.03.2003,  they should not be denied the benefit that their counterparts who joined before 31.03.2003 were given.  As all of them joined in the year 2003,  they should be  regularized w.e.f. 01.04.2006 irrespective of whether they joined before or after 31.03.2003.

10.    As already observed in Para 4 of the RoP dated 16.08.2017, the respondent regularized the daily wager safai karamcharis from the 1.04.2003, 01.04.2004, 01.04.2005 & 01.04.2006. The next date in the sequence, if required can justifiably be 01.04.2007. If the complainants in these cases or any other leprosy cured persons who were engaged as daily wager safai karamcharis in the three Municipal Corporations are not given the same treatment as their counterparts who joined on or before 31.03.2003,  it prima facie would amount to discrimination against a particular group of Leprosy Cured Daily Wager Safai Karamcharis.  As the matter is hanging fire for a very long period of time,   respondent should expedite the decision in the matter so that the discrimination is not prolonged.  It is once again recommended that the Leprosy Cured Daily Wager Safai Karamcharis who were appointed after 31.03.2003 be regularized w.e.f. 01.04.2006  or 01.04.2007 within a period of three months from the date of receipt of this order.  The respondent is further advised to direct the concerned officers to  coordinate with the Additional Commissioner (Labour) for  whose recommendation the final decision is stated to be held up and ensure an expeditious decision so that the complainants  and similarly placed Leprosy Cured Daily Wager Safai Karamcharis are not subjected to discrimination and deprivation of their legitimate rights.  Action taken  on the recommendation be intimated to this Court within three months from the date of receipt of this order as required under section 81 of the Rights of Persons with Disabilities Act, 2016.

11.         The complaints are disposed off. 

12.         Given under my hand and the seal of the Court this 17th  day of January,2018.     



( T.D. Dhariyal )
State Commissioner for Persons with Disabilities