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



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