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
Phone-011-23216002-04,
Telefax: 011-23216005,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 414/1092/2018/08/947-949 Dated:
20.02.2019
In
the matter of:
Sh. Anup Sagar, Chief Editor,
Halla Bol Times (Complainant)
Ms. Rubi (Victim)
hallaboltimes@gmail.com .………
Complainant
Versus
The Director,
Department of Social Welfare,
GLNS Complex, Delhi Gate,
New Delhi-110002. …...…Respondent No.1
The District Social Welfare Officer,
(North East District),
Govt. of NCT of Delhi,
Sanskar Ashram, Dilshad Garden
Delhi-110095. ........Respondent No. 2
Date of Hearing: 19.02.2019
Present: None
for Complainant.
Sh.
Avinash Chander, Supdt. on behalf of respondent No. 2.
ORDER
Sh.
Anup Sagar, Chief Editor of Halla Bol Times vide his complaint dated 15.06.2018
addressed to the Court of Chief Commissioner for Persons with Disabilities
enclosed a copy of a representation dated 12.06.2018 of Ms. Ruby addressed to
Hon’ble LG, Delhi. The said representation was received in this Court on
06.08.2018 from the court of Chief Commissioner for Persons with Disabilities
vide letter dated 18.07.2018. In the said
representation, it has been mentioned that Ms. Ruby, D/o Mohd. Niyaz Khan R/o
H.No. F-7, Mata Vaishnao Colony, Tahirpur, Nandnagri, Delhi is 24 year old and
is a student of M.A. She has 42% locomotor
disability. She has further submitted
that she was getting the disability pension of Rs. 1000/- per month from the Department
of Social Welfare, which has been stopped w.e.f. January, 2013. She requested that her disability pension
should be re-started.
2. The complaint was taken up with the
respondent vide Notice dated 08.08.2018, reminder dated 19.09.2018 and followed
by hearings on 05.12.2018, 29.01.2019 and 19.02.2019. After the hearings, it transpires that Ms.
Ruby was getting disability pension as well as RCL pension and therefore, her
disability pension was stopped. However
on 21.11.2019 Sh. Anup Sagar of Halla Bol Times who was contacted on his
telephone, stated that the statement of the respondent was factually incorrect
as Ms Ruby was not getting RCL pension.
In view of the conflicting statements, Director(SW) and DSWO(North East)
were directed to submit the documents in support of the statement that Ms. Ruby
has been receiving RCL pension as well as disability pension. The complainant was also directed to submit
by 19.02.2018 the documents in support of his contention that Ms. Ruby did not
receive two pensions. It was made clear in the RoP dated 31.01.2019 that if the
supporting documents were not received by 19.02.2019, the complaint would be disposed of based on the available
record and the matter was listed for hearing on 19.02.2019.
4. On 19.02.2019, Sh. Avinash Chander, Supdt.,
DSWO(North East) appeared and submitted a copy of letter dated 13.07.2018 of
the Office of Supdt., RCL Tahirpur addressed to the DSWO(North East) intimating
that as on 13.07.2018 Ms. Ruby was not an RCL beneficiary. This does not clarify whether Ms. Ruby was in
receipt of two pensions i.e. RCL and disability pension. He also made a written
submission that if recovery amount of Rs. 85,500/- as raised by the then
DSWO(NE) vide letter dated 22.09.2016 is deposited by Ms. Ruby, D/o Mohd Niyaz
Khan then her disability pension would be re-started.
5. As Sh. Anup Sagar was not present, the Ms.
Ruby was contacted on her given
telephone which was attended by her father Mohd. Niyaz Khan, who stated that
Ms. Ruby indeed was getting RCL pension as well as disability pension. He further stated that the pension Ms. Ruby received has already been spent on
her education, etc. and therefore it is
not possible for them to refund Rs. 85,500/-.
He stated that Ms. Ruby was eligible for one of the two pensions from
the period the pension was stopped.
Since she has not been getting any pension for the last 6 years her
disability pension should be started without recovery.
6. The parties have not submitted any rules /
guidelines as to how the cases of this nature are to be dealt. Mohd. Niyaz
Khan, father of Ms. Ruby has therefore been advised to make a representation to
Director (Social Welfare) for consideration of his request as per the relevant
rules / guidelines.
8. The complaint is disposed of.
9. Given under my hand and the seal of the
Court this 20th day of February, 2019.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
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