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. 600/1024/2018/11/1388-1389
Dated:
19.03.2019
In
the matter of:
Sh. Sat Narayan
H.No.
141/3, B-Block,
Gali
No. 4, Dichaon Enclave,
Nangloi
Road, Najafgarh,
New
Delhi-110043
................ Complainant
Versus
Managing Director,
Delhi
Transport Corporation,
DTC
Headquarter,
I.P.
Estate,
New
Delhi-110002. ………...…Respondent
Date
of hearing: 13.03.2019
Present:
Sh. Sat Narayan, complainant in
person.
Sh.
Dhirendra Kumar, Depot Manager for respondent.
Order
The
above named complainant, a person with 80% locomotor disability vide his
complaint dated 26.11.2018 submitted that he was working as Assistant Fitter in
DTC. He is struggling to get the
transport allowance at double the normal rate.
The Depot Manager has refused to pay transport allowance as per his
entitlement. He requested that he should
be paid transport allowance as per his entitlement. As the complainant had not enclosed his
certificate of his disability, he was advised to do so vide letter dated 17.12.2018
which he submitted on 31.12.2018.
2. The
matter was taken up with the respondent vide notice dated 03.01.2019 under the
provisions of the Rights of Persons with Disabilities Act, 2016 hereinafter
referred to as ‘Act’ with the direction to submit the version of the respondent
within 15 days of the notice.
3. As
there was no response, a hearing was schedule on 13.03.2019 vide notice dated
11.12.2018. In the meantime, the respondent vide letter dated 07.12.2019
submitted as under:
“Respected Sir,
I am
in receipt of your show cause notice case No. 600/10242018/53 dated 03.01.2019
thereby action taken report on the complaint of above named employee of our
depot.
In
this connection, I would like to submit few lines for your sympathetic
consideration please.
1.
That
the above named complainant is working in our depot since July 2011 as a
A/Fitter in the pay band of 5200 grade pay @ Rs. 2800.
2.
As
per handicapped certificate issued from Civil Surgeon, Bhiwani (Haryana) he has
been disabled since 07.11.2012 for which his entitlement for T.A. is made
according to the Terms of Circular issued by Government of India vide OM No.
21(2)/200/EH(B) dated 29.08.2008 of Sixth Pay Commission and later on our DTC
department issued circular vide Admi-1-7(42)/13/217 dated 22.03.17.
Accordingly
as per terms and condition of the circular he has since been paid T.A. since
07.11.12 from the date he had been disabled, the details of paid amount are
attached herewith as annexure “A” the copies of circular of 6th pay
commission and 7th pay commission are also attached at Annexure “B”
& “C” for your ready reference please.
In the
end, I would say that no payment dues are pending from our side.
With warm regard.
Depot Manager
DTC.D.K. Depot N.Delhi”
As
per the statement enclosed with the reply, an over payment of Rs. 22,032/- has
been made to the complainant which is to be recovered.
4. During
the hearing, the representative of the respondent reiterated the written
submissions and added that the matter was examined and referred to DTC Head
Quarter. As per the advice/decision of
the DTC (HQ), the due drawn statement was prepared.
5. The
complainant submitted that he does not understand the nuisances of the rules
but as per the information gathered by him, the employees without disability of
the same depot, i.e. DTC, Dichaon Kalan who were getting less pay than him as
per Sixth Pay Commission, were being paid the transport allowance at the rate
of Rs.1600/-, whereas he has been paid at the rate of Rs. 600/-. He has submitted a copy of the list of 9
employees who were getting TA as per following table as on 26.10.2017:
“List
of employees who are getting TA as on 26.10.2017
|
S.No.
|
Name
of employee
|
Design
|
B.P.
|
D.A.
|
T/A
|
|
1.
|
Sh. Kanwal Singh
|
T.T.C.
|
49000/-
|
1960/-
|
Rs.7424/-
|
|
2.
|
Sh. Ranbir Singh
|
A.T.I.
|
49000/-
|
1960/-
|
Rs.7424/-
|
|
3.
|
Sh. Rishi Parkash
|
A.T.I.
|
50500/-
|
2020/-
|
Rs.7424/-
|
|
4.
|
Sh. Sukhbir Singh
|
Driver
|
28400/-
|
1136/-
|
Rs.7424/-
|
|
5.
|
Sh. SatyaParkash
|
Driver
|
28400/-
|
1136/-
|
Rs.7424/-
|
|
6.
|
Sh. Devinder Kumar
|
Cond.
|
26800/-
|
1072/-
|
Rs.7424/-
|
|
7.
|
Sh. Sant Singh
|
Fitter
|
42800/-
|
1712/-
|
Rs. 2784/-
|
|
8.
|
Sh. Ishwer Singh
|
A/fitter
|
42800/-
|
1712/-
|
Rs. 2784/-
|
|
9.
|
Sh. Sat Narain
|
A/fitter
|
42800/-
|
1712/-
|
Rs. 2784/-
|
Note: Basic Pay
& Dearness allowance-As per VII pay Commission Transport Allowance-As per
VIth Pay Commission”
6. As
per the complainant and as confirmed by the representatives of the respondent,
the employees at serial no. 4 to 6 were getting less pay than the complainant,
but were being paid TA at higher rate.
7. It
is observed that this Court had, before it the similar complaint of Sh. Mir
Singh, ATI which was registered as case no 4/1659/2017-Wel./CD and
4/1702/2017-Wel./CD and disposed off vide order dated 20.09.2017. The operative part of the order is as under:
“6. In my view, the DTC’s circular dated 22.03.2013 which is the
reproduction of the Department of expenditure, Ministry of Finance, OM
21(2)/2008-E-II(B) dated 29.08.2008, provides that an employee below the Grade
Pay of Rs. 4200/- who is in receipt of pay below Rs. 7440/- in a pay band,
would be entitled to a Transport Allowance of Rs. 600+DA there on in A-1/A Cities. Clause II of the said circular/OM provides
that employees who draw grade pay below 4200/- but drawing the pay of Rs.
7440/- and above in a pay band would be entitled to a Transport Allowance of
Rs. 1600+DA thereon in A-1/A Cities.
Since admittedly the complainant who is a person with locomotor
disability, was drawing the pay of Rs. 9580/- i.e. above Rs. 7440/-, should
have been paid the Transport Allowance at double the normal rate of Rs. 1600+DA
thereon w.e.f February, 2009.
7. In view of the above, the respondent is
advised re-examine the matter and pay the Transport Allowance to the
complainant and other similarly placed employees with disabilities
accordingly. If the respondent still has
any doubt about the interpretation of the OM dated 29.08.2008 of Ministry of
Finance, Department of Expenditure and DTC’s circular dated 22.03.2013, the
respondent may get the same clarified from the Finance Department, Govt. of NCT
of Delhi/Department of Expenditure, Ministry of Finance expeditiously and take
action accordingly. The claim of the
complainant for promotion to the post of Transport Inspector against a reserved
vacancy for the persons with disabilities be considered in accordance with the
instructions of DOP&T vide their OM No. 36035/3/2004-Estt(Res) dated
29.12.2005 and action taken in the matter be submitted within 3 months from the
date of receipt of this order as required under Section 81 of the Rights of
Persons with Disabilities Act, 2016.”
8. While
the ratio of the above decision should be followed in this case, the relevant rule
position is being reiterated to facilitate timely relief to the
complainant.
9. As
per Department of Expenditure, Ministry of Finance, OM No 21 (2)/2008-E.II(B)
dated 29.8.2008, all employees are entitled to transport allowance w.e.f.
01.09.2008 as below:
|
Employees drawing grade pay of
|
Rate of Transport allowance per month
|
|
|
|
In 13 cities
classified as A-1/A earlier.
|
Other places
|
|
Grade pay of
Rs. 5400 & above.
|
Rs.3200+DA thereon
|
Rs.1600+DA
thereon
|
|
(i)
Grade pay of Rs.4200,
Rs.4600 and Rs.4800
(ii)
Those drawing grade pay
below Rs.4200 but drawing pay in the pay band equal to Rs. 7440 & above.
|
Rs.1600+DA
thereon
|
Rs.800+DA
thereon
|
|
Grade pay
below 4200 and pay in the pay band below Rs. 7440.
|
Rs.600+DA
thereon
|
Rs.400+DA
thereon
|
10. DTC has adopted the above OM and issued its
own office circular no. Admin-I-7(42)/2013/217 dated 22.03.2013. From the above circular, it is clear that
employees who are in the grade pay of less than Rs.4,200/- and whose pay in
their respective pay band is also below of Rs.7,440/-, are entitled to a
transport allowance of Rs. 600/- p.m. plus DA thereon in A1/A cities. Those employees who are in the grade pay of less
than Rs.4,200/- but are drawing pay equal to Rs. 7440 and above in their
respective pay band are entitled to a transport allowance of Rs. 1600/- p.m.
plus DA thereon. As per the copy of the
payslip for the month of September, 2013 submitted by the respondent, the pay
of the complainant was Rs.14,370/-. The
complainant was in the pay band of Rs. 5200-20200 with grade pay of Rs. 2800/-
since July 2011 as per DTC’s letter dated 29.01.2019/07.02.2019. It is not disputed that employees with
disabilities are entitled to transport allowance at double the normal rate. Therefore, as the pay of the complainant was
admittedly more than Rs.7,440/- in the pay band on 07.11.2012, he was entitled
to transport allowance at the rate of Rs.3,200/- p.m. plus DA thereon in
accordance with clause 2 of the DTC’s circular no. Admin-I-7(42)/2013/217 dated
22.03.2013 with effect from 07.11.2012 which, according to the respondent is
the date the complainant’s disability certificate was accepted. It is also observed that some employees
junior to the complainant were getting more transport allowance than him. This calls for a thorough examination of the
payments made to the employees towards transport allowance. While DTC may take appropriate action on
this, payment of transport allowance at double the normal rate to the
complainant as per his entitlement should be paid on priority.
11. In light of the above discussion, it is
recommended that the transport allowance at double the normal rate @ Rs.3,200/-
per month plus DA thereon be calculated on priority and paid to the complainant
from the date he was entitled to.
12. Action taken report on the above mentioned recommendation be
submitted to this Court within three months from the date of receipt of this
order as required under Section 81 of the Act.
13. The complaint is disposed off.
14. Given under my hand and the seal of the Court this 19th
day of March, 2019.
(T.D.
Dhariyal)
State Commissioner for Persons
with Disabilities
Encl.: As above.
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