Thursday, June 14, 2018

Mukhtar Singh, Dulal Lal & Jagdish Rai Vs. The Director, Department of Social Welfare | Case No. 205/1092/2018/04/7830-36 | Dated: 13.06.2018


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. 205/1092/2018/04/7830-36                          Dated: 13.06.2018

In the matter of:

Sh. Mukhtar Singh
B.M. 3, Bandhe Matram Kust Rogi Seva Samiti,
Tahirpur, Jhilmil,
Delhi-110095.                                                             Complainant

Versus

The Director,
Department of Social Welfare,
GLNS Complex, Delhi Gate,
New Delhi-110002.                                                      Respondent

Case No. 206/1092/2018/04/                                      

In the matter of:

Sh. Dulal Pal,
T.Huts No. 17, Bandhe Matram Kusht Rogi Sewa Samiti,
Tahirpur, Dilshad Garden,
Delhi-110095.                                                             Complainant

Versus

The Director,
Department of Social Welfare,
GLNS Complex, Delhi Gate,
New Delhi-110002.                                                      Respondent

Case No. 204/1092/2018/04/                                      

In the matter of:

Sh. Jagdish Rai,
B.M. 3, Bandhe Matram Kusht Rogi Sewa Samiti,
Tahirpur, Dilshad Garden,
Delhi-110095.                                                             Complainant

Versus

The Director,
Department of Social Welfare,
GLNS Complex, Delhi Gate,
New Delhi-110002.                                                      Respondent

Date of Hearing:    08.06.2018

Present: Sh. Mukhtar Singh, Sh. Dulal Pal and Sh. Jagdish Rai complainants are in person.
              Smt. Aarti Kapoor, District Officer (North-East) on behalf of respondent.

         
Order

The above named Leprosy cured persons vide their complaints dated 01.04.2018 submitted that they were getting disability pension of Rs. 1,500/- per month, which has been stopped from September, 2016/ August 2016/ October, 2016.  Sh. Anoop Sagar, Editor of Halla Bol Times also submitted representation and requested for a high level inquiry. 
2.      The complaints were taken up with the respondent vide show cause-cum-hearing notices dated 16.04.2018, 19.04.2018 and 17.04.2018. 
3.      The complaint of Sh. Mukhtar Singh was also received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 15.05.2018.    As the complaints pertain to identical issue and the same District Social Welfare Office i.e. North-East, all the three complaints were clubbed and heard on 07.05.2018. The respondent vide letter dated 26.04.2018 informed that as per the directions of this Court, the complainants were contacted on their mobile phones and to know the status about their pension.  It was found that the Office Superintendent RCL, Leprosy Cured has informed that the complainants were not the beneficiaries of the RCL. Their pension was stopped by the then District Officer (North-East) with the remark “pension stopped due to doubt case”.  After physical verification of the documents of the beneficiaries, further necessary action will be taken.
4.      On the date of hearing on 07.05.2018, Ms Aarti Kapoor, District Officer (North East) submitted that the status report would be submitted within a week after physical verification.  On the next date of hearing on 08.06.2018, she submitted a letter dated 08.06.2018 of Dy. Director (FAS), as per which the amount released are as under:-
1)    Sh. Mukhtiyar Singh       Rs.21000/- (a/c base).
2)    Sh. Jagdish Rai             Rs.23000/- (Aadhaar base)
3)    Sh. Dulal Pal                 Rs.21000/- (a/c base)
         She submitted that after verification, the disability pension in respect of Sh. Mukhtar Singh, Sh. Jagdish Rai and Sh. Dulal Pal has been released including the arrears based on her report.  The amount will be credited into their accounts within a few days.  On a query as to the basis for recording the remark, “stop pension doubt case” by Sh. Tudu Joseph, the then District Officer, she informed that no reason has been mentioned. Smt. Aarti Kapoor also stated that as the accounts of Sh. Mukhtar Singh and Sh. Dulal Pal have not been linked to their Aadhaars, they would not be getting their full pension of Rs. 2,500/-. They have been advised to do the needful so that their full pension can be released. 
5.      In the light of the above discussion, it is important for Social Welfare Department to put in place clear guidelines for the Inspecting Officers before stopping the pension.  The reasons for doing so should be clearly recorded.  It should also be uploaded in the website and communicated to the beneficiaries to avoid complaints as also the misuse of the scheme by unscrupulous persons.  Sh. Tudu Joseph be advised to inform the District Officer as to the basis of stopping the disability pension of above mentioned three complainants. 
6.      The complaints are disposed off.
7.      Given under my hand and the seal of the Court this 12th day of June, 2018.

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


Copy to the Chief Commissioner for Persons with Disabilities, Ministry of Social Justice & Empowerment, 6 Sarojini House, Bhagwan Dass Road, New Delhi, w.r.t. letter no. 9636/1024/2018 dated 15.05.2018.

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