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]
Show-cause-cum-hearing
notice
Case No. 122/1021/2018/02/1333-1336 Dated: 15.03.2019
In the matter of:
Sh. Rama Shankar Ram,
B-486, Delhi Administration Flats,
1st Floor, Timarpur,
Delhi-110054. …………..Complainant
B-486, Delhi Administration Flats,
1st Floor, Timarpur,
Delhi-110054. …………..Complainant
Versus
The Medical Suprintendent,
Babu
Jagjivan Ram Memorial Hospital,
Govt.
of NCT of Delhi,
Jahangir Puri, New Delhi-110033 ……..Respondent
No. 1
The Secretary,
Services Department,
Govt. of NCT of Delhi,
7th Level, Delhi Secretariat,
I.P. Estate, New Delhi-110002 ..……….Respondent No. 2
Services Department,
Govt. of NCT of Delhi,
7th Level, Delhi Secretariat,
I.P. Estate, New Delhi-110002 ..……….Respondent No. 2
The Secretary,
Revenue Department,
Govt. of NCT of Delhi,
5-Sham Nath Marg,
Delhi-110054 .……….Respondent No. 3
Revenue Department,
Govt. of NCT of Delhi,
5-Sham Nath Marg,
Delhi-110054 .……….Respondent No. 3
ORDER
1. The
above named complainant a persons with 50% locomotor disability vide his
complaint dated 10.02.2018 submitted that he is working in a Group ‘D’ Post in
Babu Jagjivan Ram Memorial (BJRM) Hospital, Jahangir Puri. He is a graduate and can work on computer. He
was working in an office of Delhi Energy Development Authority (DEDA) since
01.09.1990. He was regularized in DEDA
on 11.03.1995. He was posted to BJRM
Hospital w.e.f 25.02.2002. He has been
working with honesty all these years, and has been requesting Principal
Secretary Services for his promotion.
Despite this, his name is not appeared in the promotion list issued by
the Services Department recently. Those
who are appointed up to the year 2000 have been included in that promotion
list. He alleged that by not counting
his post service, he is being deprived of his promotion and thus injustice is
being done to a person with disability.
He requested that his post service w.e.f. 11.03.1995 should be counted
for the promotion and issued for promoted at the earliest.
2. As the complainant had not mentioned the
name of his post, the post he was working, the post he wanted to be promoted
to, and had not enclosed copies of his representations to the Services
Department and their replies, he was advised to submit the information/
documents vide letter dated 22.02.2018.
Vide the letter dated 05.03.2018, the complainant informed that he was
working in the post of Nursing Assistant and has been requesting Services
Department for promotion to the post of LDC and also submit that the copied of
his representation.
3. From the papers submitted by the
complainant it revealed that the complainant was working as a Group ‘D’ casual
Employee (bell that) in DEDA. On closer
of DEDA, he was among the employees who had declared surplus. Services Department had informed him vide
letter dated 04.01.2018 in response his representation of the complainant to
the Chief Minister, Government NCT of Delhi that the complainant was a casual
employee in DEDA and was appointed as a Group ‘D’ employee on regular basis on
the directions of Hon. High Court. His
post service as casual employee of DEDA could not be counted for any purpose as
per DoP&T guidelines. It has further
been mentioned in that letter that have been in case of regular employees of
DEDA who had redeployed after being declared surplus, the past service standard
by them in DEDA is not counted for seniority/ promotion in the redeployed post.
4. In light of this the complainant was
informed though service on casual basis cannot be counted for the purpose of
promotion, the complainant was advised to submit documents, if any, in supporting
of his claim for treating him as a regular employee w.e.f 11.03.1995 and he was
also heard.
5. Although the complainant did not submit
the relevant supporting documents, the complainant was taken up with the
respondents vide notice dated 31.05.2018 directing them to submitted para wise
comments.
6. Respondent No. 2 vide replied dated
22.06.2018 submitted as under:
1.
“Due
to reduction in the activities of the Poloroid Unit and closure of Battery Bus
Scheme of the Delhi Energy Development Agency (DEDA), an Autonomous Body under
the Govt. of Delhi, the Agency was not able to provide work to a number of its
regular (as also casual) employees.
While declaring its some regular staff surplus, DEDA had to terminate
the services of its casual employees.
Aggrieved by this decision of DEDA Casual Employees wen tot the Hon’ble
High Court by way of filing Writs for Redressal of their grievances. While redressing the grievances of these
Ex-Casual Employees of DEDA, Hon’ble High Court vide judgment dated 07.11.2001
(Copy enclosed) held as under:-
“……if
any recruitment is made in future the persons on thelist shall first be
recruited provided they are registered with the Employment Exchange and if
qualified for appointment to the relevant post.
It was further observed that age relaxation will be granted to these
persons to the extent of period of service rendered by them with the
respondents.”
2.
It is
also mentioned here that the Hon’ble High Court in the same judgment has also
held as under:
“The
list of all the Group-C & Group-D employees with their correct addresses
will be circulated to all the Heads of various Departments and also to
Autonomous Bodies and Societies under Delhi Govt. with the direction from the
Principal Secretary (Services) that the persons in the list shall be given
preference in filling up all the future vacancies keeping in view the education
qualification and experience. Copies of
the directions as contained in the order dated 11 May, 2001 and also herein
shall also be circulated along with the list of names. In case there is any change in address the
persons concerned may inform the DEDA within 10 days from today. It is further directed that the office of the
Principal Secretary (Services) shall monitor the absorption of all these petitioners
on a regular basis till they are suitably absorbed.”
3.
In
compliance of the said directions of the Hon’ble High Court, Services
Department circulated the list of 111 Group-D and 30 Group-C Ex-casual
Employees of DEDA (as was furnished by the DEDA) to all the Heads of
Departments, Autonomous Bodies, PSUs/ Autonomous Bodies/ Corporations under
Govt. of N.C.T. of Delhi included the name of Sh. Ramashankar Ram vide letter
dated 11.12.2001 (Copy enclosed) with the specific direction to give preference
to these Ex-Casual Employees while making recruitment in terms of the
directions contained in the judgments dated 07.11.2001 of the Hon’ble High
Court.
4.
As per
information available in this department, Sh. Ramashankar Ram (DOB: 01.11.1969)
S/o Sh. Bihari Ram, was working in erstwhile DEDA as Group ‘D’ casual employee
(Beldar) since 01.09.1990 (Copy enclosed).
As per directions of Hon’ble High
Court, Sh. Ramashankar Ram was appointed in DHS as Group ‘D’ employee (Copy
enclosed) on regular basis in the year 2002 (25.05.2002 as stated by the
applicant). Since the official has been appointed as a direct recruitee w.e.f.
25.05.2002, as such, his past service could not be counted for any purpose.
5.
It is worthwhile to mention here that in
another writ petition preferred by the casual/ ex-casual employees of erstwhile
DEDA [Writ Petition (C) No. 9665-71/2006].
The Hon’ble High Court inter alia held as under:
“I
have gone through the order dated 7th November, 2001 as also have
considered the submissions of learned counsel for the petitioners. I am afraid, I cannot read the order in
question as has been sought to be read by the learned counsel. There is nothing in the order to indicate
that the petitioners were to be accommodated and regularized in the Group ‘C’
posts, come what may, even if they failed to qualify the typing test. As has been rightly observed by this court
while disposing of the contempt petition, the order dated 7th
November, 2001, did not require any relaxation for the test. Rather, the order clarified that the
respondents were free to terminate the services of the petitioners in
accordance with law, here though, is a case where services of none of the
petitioners were terminated and they, as
already noticed above, were accommodated in GROUP ‘D’ posts. Therefore, to say that the order dated 7th
November, 2001 has not been complied with would be incorrect… (Copy
enclosed)
…..For
the foregoing reasons, I find no merit in the writ petition. The same is dismissed.” (Copy enclosed)
6.
In
addition to above, as per information available in this department, seniority
number of Sh. Ramashankar Ram is ‘2540’ as per final eligibility list. It has also mentioned that documents in r/o
Class-IV employees have been called for, upto Snty. No. 2251, for promotion to
the post of Gr-IV (DASS) from various Departments of GNCTD.”
7. Respondent No. 1 vide letter dated 19.07.2018 forwarded the
particulars of the complainant to department for considering the complainant
for promotion to the post of LDC under PH/SC category. They also stated therein that Sh. Rama
Shankar Ram was initially appointed as Beldar on dated 11.03.1995 in DEDA. Due to binding up of DEDA, he was rendered
surplus and redeployed/ appointed in the Directorate of Health Services &
posted in BJRM Hospital on 24.05.2002. The complainant vide his rejoinder dated
12.07.2018 requested for a hearing so that he could present his case.
8. Upon considering the replied the respondent and the rejoinder
of the complainant a hearing was held on 27.11.2018. During hearing the complainant submitted that
he was treated as casual employee and therefore his service from 1995 to 2002
is not being counted for promotion. He
produced a copy of the office order dated 11.03.1995 of Delhi Energy
Development Agency (DEDA) vide which he (Sl. No. 66), along with 67 others was
granted the temporary status and regularized as Beldar with immediate
effect. According to him, had he been
treated as a regular employee w.e.f. 11.03.1995, he would have been declared
surplus before 2002 and would have been given the benefit of service in DEDA
from the date of his being declared as surplus employee in DEDA. He, however, did not have the information
whether any of the 68 persons in the said list has been promoted. The complainant also added that he met
Secretary (Services) and the concerned officials of Services Department who
informed him that his service could be counted from the date of his
regularization i.e. 11.03.1995 for the purpose of promotion if he produced the
relevant record.
9. Given under my hand and the seal of the Court this 12th
day of March,
2019.
(T.D.
Dhariyal)
State
Commissioner for Persons with Disabilities
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