In
the Court of State Commissioner for Persons with Disabilities
National Capital
Territory of Delhi
25- D,
Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 648/1092/2018/12/914-916 Dated:09.02.2019
In the matter of:
Sh. Ram Chandar,
F-380,
Near Block-09,
Jhuggi
Safeda, Geeta Colony,
Delhi
– 110031. ................ Complainant
Versus
The Director,
Department
of Social Welfare,
GLNS
Complex, Delhi Gate,
New
Delhi-110002. ……...…Respondent No.1
The District Social Welfare Officer,
(East District)
GNCT of Delhi,
Block No.10, Geeta Colony,
Delhi-110031. ……...…Respondent No.2
Date of Hearing: 18.02.2019
Present: Sh. Ram Chandar, Complainant
on telephone
Sh.
Ahsan Zafar, Welfare Officer for the respondent
ORDER
The above named complainant, a person with
90% locomotor disability and a wheel chair user, vide his complaint received in
this court on 26.12.2018 alleged that he applied for disability pension in the
office of District Social Welfare Office (East), vide Registration ID No.
101990264 on 24.08.2018 but the same has not been sanctioned. He further submitted that he visited the
DSO(East) office many times but the behaviour of the staff was rude and his
application is pending with District Social Welfare Officer (East) since
31.10.2018.
2. The
complaint was taken up with the Department of Social Welfare under the Rights
of Persons with Disability Act, 2016, hereinafter referred to as the Act, vide
Show Cause cum Hearing Notice dated 02.01.2019 with the direction to submit
para-wise/point-wise comments on the complaint and a hearing was scheduled for 28.01.2019.
However, none appeared on behalf of the respondents. The Complainant attended the hearing in person alongwith his wife
and daughter as he can not by himself move and reiterated
his written submissions. It was observed that complaints from a large number
of persons with disabilities alleging inordinate delay and ill treatment by the
concerned officers and staff of East District Office and indifference to their
problems are being received. Therefore, District
Social Welfare Officer, East Delhi was impleaded as Respondent No.2 and vide
ROP dated 28.01.2019, the respondents were directed to ensure release of disability pension to
the complainant, if he is eligible and to submit an action taken report on or
before the next date of hearing on 18.02.2019 failing which Secretary (Social
Welfare) should initiate action against the concerned functionaries under
Section 89 of the Act, 2016 for contravention of the provisions of the
Act/Rules and under Section 93 of the Act for failure to furnish the
information.
3. On 18.02.2019, Sh Ahsan Zafar, Welfare
Officer East District Social Welfare Office appeared and submitted status
report dated 16.02.2019 as per which the complainant applied for disability
pension through online vide application No. 26040000015023 on 24.08.2018. On scrutiny, it was found that the disability
certificate had not been properly uploaded.
The documents needed to be verified with the original documents. Accordingly, a query was raised and a message
conveyed to the complainant on telephone on 13.02.2019. The complainant had not reported for verification
of his disability certificate. After
verification of the documents, the District Social Welfare Officer would
sanction the pension and the case would be transmitted only to FAS Branch of
Department of Social Welfare for remittance of payment to the account of the
beneficiary. A copy of legible disability
certificate which is available in the case file is legible was handed over to
Shri Ahsan Zafar during the hearing.
4. The complainant, who was contacted on
his given telephone number, informed that some official from District Social
Welfare Office (East), Geeta Colony contacted him on telephone on Sunday (17.02.2019). As desired by him, the complainant’s daughter
has submitted a legible copy of the disability certificate in that office on.
18.02.2019. Sh. Ahsan Zafar stated that
the disability pension will be sanctioned at district level within a week and
transmitted to FAS Branch, Social Welfare Department. He also stated that a large number of pension
cases are getting delayed because of faulty uploading of documents and shortage
of staff.
5. In light of the above, while this
complaint is being disposed of, the following recommendations are made:
(i) The
disability pension of the complainant, who acquired 90% disability and is on
wheelchair for the last 8 years, be sanctioned at the district level and the
documents be transmitted to FAS Branch of Social Welfare Department by 25.02.2019 and the FAS Branch should release the pension
alongwith the arrears to the account of the complainant by 31.03.2019.
(ii) Social
Welfare Department should take appropriate steps to ensure that the disability
pension is released to the eligible persons in a time bound manner with least
inconvenience to the applicants.
(iii) Workshops
to create awareness about the provisions of the Rights of Persons with
Disabilities Act, 2016 and to sensitise the officers and staff of the
Department should be organised.
6. Action taken in the matter be intimated
to this court as required under Section 81 of the Act.
7. The
complaint is disposed of.
8. Given
under my hand and the seal of the Court this 19th day of February, 2019.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
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