Himani Sehgal Vs. Director, Department of Social Welfare & Anr. | Case No. 683/1092/2019/01/1843-1845 | Dated: 12.04.2019

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.

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. 683/1092/2019/01/1843-1845          Dated: 12.04.2019

In the matter of:

Ms. Himani Sehgal,

E-355, Gali No.-6,

West Vinod Nagar,

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        11.04.2019

Present:                    Ms. Himani Sehgal, Complainant

ORDER

          The above named complainant, a person with 40%-70% mental illness vide her complaint dated 17.01.2019 alleged that she applied for disability pension in District Social Welfare Office (East) vide Registration ID No. 26040000012797 on 24.06.2018 but the pension has not been sanctioned.  She also alleged that she visited the DSO(East) office many times but was told that the case is pending with District Social Welfare Officer.  The behaviour of the staff at the headquarter Delhi Gate was also inhuman especially counter No.7.

2.       The complaint was taken up taken up with the Department of Social Welfare and District Social Welfare Officer (East) under the Rights of Persons with Disability Act, 2016, hereinafter referred to as the Act, vide Show Cause Notice dated 29.01.2019 with the direction to submit Action Taken Report on the complaint by 18.02.2019.  As no response was received from the respondents, a hearing was scheduled for 11.04.2019.

3.       Vide e-mail dated 11.04.2019, District Social Welfare Officer (East)  has informed that on scrutiny of the application of the complainant, it was found that the complainant had not submitted mandatory documents i.e. residence proof of 5 years in Delhi and Joint Account under guardianship.  The complainant was telephonically informed about this.  After the complainant submitted the documents, the same were uploaded by the department properly.  Now the case has to be sanctioned by the District Office.  As District Officer is on election  duty,  the case will be sanctioned after the election process is over.

4.       During sthe hearing on 11.04.2019, the complainant reiterated her written submissions.  As Ms. Himani Sehgal in her complainant dated 17.01.2019 had also submitted that as per the concerned staff in the Office of DSWO (East), her case was awaiting approval by the DSWO (East), FAS Branch of Department of Social Welfare is directed to make alternative arrangement, if necessary to sanction the disability pension to the complainant and ensure that the amount of disability pension including the arrears is credited to her account by 15.06.2019.  If the amount is not credited to her account by that date, the complainant may intimate through e-mail/ telephone.

5.         Action taken in the matter be intimated to this court as required under Section 81 of the Act.

6.       The complaint is disposed of with the above direction.

7.       Given under my hand and the seal of the Court this 12^th day of April, 2019.

           (T.D. Dhariyal)

                      State Commissioner for Persons with Disabilities