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. 4/1753/2017-Wel/CD/6209-6211 Dated:
19.03.2018
In
the matter of:
Sh. Narayan Sharma,
S/o Sh. Bhoop Raj Sharma
H.No. 80, Block A, New Seema Puri,
Delhi-110095.
.………
Complainant
Versus
The Medical Superintendent,
Aruna Assaf Ali Govt. Hospital,
50-Rajpur Road,
Delhi-110054. …...…Respondent
No.1
The Secretary,
Services Department,
Govt. of NCT of Delhi,
Delhi Secretariat,
New Delhi. ………..Respondent No.2
Date of Hearing : 13.03.2018
Present: Sh.
Narayan Sharma, Complainant
Dr. V.P.
Khari, DMS on behalf of Respondent No.1, Sh. Nirmal Sharma, ASO & Sh. Ajay
Kumar, JA on behalf of Respondent No. 2.
ORDER
The above named complainant, a
person with 57% of locomotor disability vide his complaint dated
16.08.2017 received from the Office of
the Chief Commissioner for Persons with Disabilities vide letter dated
19.09.2017 submitted that he was selected for the post of Gr.IV DASS,LDC. He received a telephonic call from the office
of respondent no. 1, for joining the post immediately. However, he did not
receive any offer of appointment till 03.04.2017. He further submitted that he informed them that
he was working in the Office of Addl. Director(CGHS), East Zone, Laxmi Nagar,
and needed to tender technical resignation and requested to send him the offer
of appointment. He again wrote a letter dated 10.03.2017 to the Office of MS, Aruna Asaf Ali Govt. Hospital (AAAGH) with a
copy to Services Department. Thereafter he personally collected a copy of offer
of appointment dated 27.06.2016 which, among other things, mentioned that in
case no reply was received within three weeks from the date of issue of offer
of appointment, the said offer of appointment would lapse automatically and no
further communication from the candidate would
be entertained in future.
2. Vide Memorandum-II dated 03.04.2017,
Office of respondent No. 1 informed the complainant that a final opportunity
was being given to him to join within a week of receiving that Memorandum
otherwise offer of appointment would stand cancelled and his dossier would be
returned to the Services Department. The
complainant had also submitted his technical resignation and informed the
respondent. Although his technical resignation
had been accepted in his parent Department, respondent No. 1 informed him vide
letter dated 26.05.2017 that his dossier had been sent back to Services
Department on 21.04.2016 on the ground that he had not joined. The complainant also alleged that he was not
entertained properly when he approached the Services Department.
3.
During the hearing on 07.02.2018, it was observed that the Office had
taken up the complaint vide notice dated 27.10.2017 with the DSSSB who had no
role to play. Therefore, the Chairman,
DSSSB was removed from the list of respondents and Medical Superintendent, AAA
Govt. Hospital and Services Department were impleaded as respondent no. 1 &
2 respectively. Vide RoP dated
08.02.2018, they were directed to submit as to why the complainant should not
be allowed to join the Office of the respondent No. 1 in the post of Grade-IV
DASS LDC and the matter was listed for
hearing on 13.03.2018.
4. On 13.03.2018, the complainant reiterated that he collected the offer of
appointment by hand from the Office of the respondent no. 1 as he did not
receive it by post. He immediately, vide
his application dated 27.06.2016, requested respondent no. 1 to grant him
extension of three months to join as he needed to resign from C.G.H.S, where he
is working as LDC. He has not received
any response till date.
5. The representative of respondent no.1
submitted that the offer of appointment in respect of the complainant was
cancelled as he did not join. Offer of Appointment was sent by speed post to
the complainant on 27.06.2016 alongwith nine more candidates, the proof of
which is available in the office files. The representation of the complainant
has been referred to the Services Department through Principal Secretary (Health)
for advice and for further directions.
As soon as the advice is received, the directions will be executed.
6. The representative of respondent no.
2 submitted that the Services Department has received a proposal from respondent
no. 1 for advice on whether the complainant can be allowed to join whether his dossier can be revived. The Services
Department will give its opinion within 7 to10 days. He also submitted that as
per Delhi Administration Subordinate Service Rules, 1967 for Grade IV DASS
employees, Head of the Department concerned is the appointing authority and
therefore, MS, AAA Govt. Hospital is the competent authority to take a decision
in the matter. The relevant rules do not
prohibit extension of time to join a post.
7. In the facts and circumstances of
this case, it is recommended that respondent No. 2 should render the advice in
the matter by 23.03.2018 to respondent no. 1 who shall consider the same and
take a decision by 28.03.2018. The offer of appointment may be sent to the complainant
by email in addition to other means to ensure that it reaches him in time. The complainant should join the post within a
month thereafter.
8. Respondent No.1 & 2 and the
complainant shall inform this Court about the action taken by them by email immediately
after they take their actions mentioned above.
The matter is disposed off accordingly.
9. Given under my hand and the seal of
the Court this 19th day of March, 2018.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
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