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. 672/1011/2019/01/830 Dated: 13.02.2019
In
the matter of:
SUO-MOTU
Versus
The
Secretary,
Department
of Social Welfare,
Govt.
of NCT of Delhi
Delhi
Gate, New Delhi-110002. ...........Respondent
Date
of Hearing : 07.02.2019
Present: Sh. Bhagwan, S.O., Sh. Mahesh
Kumar, ASO, Sh. Vikas Kumar, ASO on behalf of respondent.
ORDER
Department
of Personnel & Training vide OM no. 30612/39/2014-Estt.(Res.) dated 22-25th
May, 2015 had launched special Recruitment Drive for filling up unfilled
vacancies reserved for persons with disabilities. In light of the Hon’ble Supreme Court’s Interim
Order dated 28.04.2015 in Contempt Petition No. 499/2014 in Civil Appeal No.
9096/2013 in the matter of National Federation of Blind, it was also observed
that the information provided by various departments and sent to MHA was not
correct and the details were not as per the proforma. This court therefore took
up with the Pr. Secretaries/ Secretaries/ Spl. Secretaries/ Addl.
Secretaries/ HODs of all the Departments of GNCT of Delhi for obtaining the
details of appointments made by the concerned Departments and the
establishments under their control as on 25.02.2016 in the prescribed format
(copy enclosed) vide letter No. 5/1593/2017/Wel/CD/155-316 dated 05.05.2017.
The information was to be submitted by 31.05.2017.
2. Suo motu cases have been registered against
the Departments who did not submit the information despite reminders including
the Department of Social Welfare under Rights of Persons with Disabilities Act,
2016, hereinafter referred to as the ‘Act’.
A show cause-cum-hearing notice dated 11.01.2019 was issued to Social
Welfare Department with the direction to depute the concerned officers
alongwith vacancy based reservation roster for persons with disabilities on
10.01.2019 for perusal so that the backlog of reserved vacancies, if any, is
filled up by conducting special recruitment drive. None appeared on 10.01.2019 and on the next
date of hearing on 15.01.2019, it was submitted that the information regarding
appointment of persons with disabilities since 1996 has been collected and
would be submitted in a week’s time as the officers and staff were busy in the
recruitment of teachers. Sh.
S. Kulshreshtha, S.O. and Sh. Mahesh Kumar, ASO were explained the provisions
of the Act and the procedure prescribed by Department of Personnel and Training
for computing the reserved vacancies for persons with disabilities and
maintaining 100-Point vacancy based reservation roster.
3. On
the next date of hearing on 07.02.2019, Sh. Bhagwan, S.O., Sh. Mahesh Kumar,
ASO, and Sh. Vikas Kumar, ASO have produced the details of information with
regard to the vacancies filled in Group ‘A’, ‘B’ and ‘C’ posts by direct
recruitment. As per the details
submitted, there has not been any recruitment to Group ‘A’ posts since 1996. Hence no backlog. In Group ‘B’ posts, 88 vacancies were filled
and 2 persons with locomotor disabilities (OH), 3 VI and nil hearing impaired
(HI) were appointed. Hence there is 1 backlog of HI as there is no record
whether the advertisements mentioned about reservation of vacancies/carry forward/interchange
with other categories of disabilities.
In Group ‘C’ posts, 82 vacancies were filled. Out of them 8 persons with locomotor
disability were appointed, but no person with blindness/ low vision (VI) and HI
was appointed. There is no record whether
any vacancy was reserved for VI and HI.
As per the Department, there is backlog of 1 vacancy each for B/LV and
HI.
4. The
information in respect of promotion within Group ‘C’ posts has not been
provided. It may be recalled that while
considering the complaint of Sh. Ashwani Gupta for promotion to the post of
Housefather against reserved vacancy for persons with disabilities, it was
found that reservation was not provided while making promotion in Group ‘C’
posts. Therefore, in all likelihood there
may be backlog of reserved vacancies in promotion to Group ‘C’ posts. While the Department should submit the
information pertaining to the appointments made in Group ‘C’ posts and the
backlog, if any, it is considered expedient to dispose of this case so that
backlog reserved vacancies in Group ‘B’ and Group ‘C’ posts by direct
recruitment are filled up by conducting Special Recruitment Drive without losing
any further time.
5. Accordingly,
based on the information so far submitted by the Department, the following
recommendations are made;
(i) initiate action to fill up the backlog of
a vacancy in Group ‘B’ posts by a person with hearing impairment and one
vacancy each in Group ‘C’ posts by a person with blindness/ low vision and
person with hearing impairment by conducting Special Recruitment Drive or in a
regular recruitment exercise within one month from the date of receipt of this
order.
(ii)
submit the status of backlog of
reserved vacancies by promotion within Group ’C’ posts and the 100-point vacancy
based reservation roster for posts filled by promotion and for direcrt
recruitment in Group ‘A’ , Group ‘B’ and Group ‘C’ posts which should be
prepared in accordance with DOPT’s instructions within two months from the date
of receipt of this order. The proposal to fill up the backlog of reserved
vacancies, if any, should also be indicated.
6. The
case is disposed off.
7. Given
under my hand and the seal of the Court this 13th day of
February, 2019.
(T.D.
Dhariyal)
State Commissioner for Persons with
Disabilities
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