Arvind Sharma Vs. Dte of Education & Anr. | Case No. 840/1024/2019/04 /3078-3080 | Dated:26.06.2019

In the Court of the 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. 840/1024/2019/04 /3078-3080                   Dated:26.06.2019

In the matter of:

Sh. Arvind Sharma
Vice Principal (Rtrd.)
Residence-1/7133, Shivaji Park
Shahdara, Delhi-110032
Mobile No. 9911184413                                              ............Petitioner

                                                      Versus

The Director (Education),

Directorate of Education, GNCTD

Old Secretariate,

Delhi-110054                                                         ......Respondent No. 1

The Deputy Director of Education (North-East),

B-Block, Yamuna Vihar,

Delhi-110053                                                         ......Respondent No. 2

Date of Hearing: 25.06.2019

  Present:             Sh. Arvind Kumar Sharma, Complainant
Sh. Satpal Singh, DDE (NE) alongwith Mukul Manrai, ADE (NE) on behalf of Respondent
Dr. Sudhakar Gaikwad, Principal, Sh. Sushil Kumar Rai, TGT (Math) and Sh. Kartar Singh, Ministral Staff, GSBV, Khajoori Khas on behalf of Respondent

ORDER

The above named complainant, a person with 66% locomotor disability vide his email dated 03.04.2019 registered as a complaint under the Rights for Persons with Disability Act, 2016 hereinafter referred to as the Act, inter-alia alleged that he retired from service on 31.12.2018 on attaining the age of superannuation.  He was a bit strict on non-performing teachers.  They, in connivance with GSTA lodged false complaints against him. Consequently, he was transferred frequently.  His last transfer was from RSBV Gulabi Bagh (Distt. North) to GSBV Khajoori Khas (Distt. North East) just before 5 months of his superannuation.  He protested against his transfer with the Director of Education and this court but did not get any relief. 

2.     Subsequently, district North East did not issue his vigilance clearance report, although no case was pending against him.  Delay in releasing his retirement benefits was therefore wilful and to harass him.  The complainant therefore requested that his retiral benefits be released at the earliest and responsibility should be fixed for delay in issuing the vigilance clearance report at the District Level and his Re-employment case should also be processed.

3.     The complaint was taken up with the respondents vide letter dated 11.04.2019 followed by a reminder dated 23.04.2019.  As there was no response, a show cause-cum-hearing notice dated 24.05.2019 was issued and the respondents were directed to show cause why they should not make payment of retiral benefits to the complainant within 2 weeks from the date of receipt of the notice and submit reasons for delay and the para-wise comments by 10.06.2019.  A hearing was also scheduled on 25.06.2019.

4.     During the hearing, Dy. Director of Education, Distt. North East vide letter dated 24.06.2019, submitted as under:

“Subject: Reply to Show-Cause-Cum-Hearing Notice dated 24.05.2019

Reference above, it is submitted that all payment of retiral benefits have been amde to Shri Arvind Sharma as per the details given below:

Serial Number	Retiral Benefit	Amount (Rupees)	Credited into the complainant’s account on (Date)
1	GPF Final Payment	2370036/-	16/05/2019
2	D.C.R.G	1466858/-	22/05/2019
3	Commutation of Pension	1769904/-	22/05/2019
4	Leave Encashment	981000/-	27/05/2019
5	UTGEIS	60983/-	27/05/2019

It is also informed that Sh. Arvind Sharma has been given re-employment vide Transfer Order dated 07/06/2019 and posted in Sarvodaya Bal Vidyalaya, Jafrabad, Delhi-110053.

It is humbly submitted that processing of retiral benefits started only after receipt of Vigilance Clearance Report by the School (Sarvodaya Bal Vidyalaya, Khajoori Khas, Delhi-110090) on 25/02/2019.  The delay in release of payment was due to sending back of filed to the school again and again to remove certain deficiencies.

(Satpal Singh)

Deputy Director of Education

District North East”

5.     The complainant reiterated his written submissions and added that he met all the concerned officers namely the Dy. Director, Special Director and Regional Director Education.  However, none of the officers considered his request and ensured release of retiral benefits in time.  He visited the Offices of Dy. Director, North East, Yamuna Vihar, Dr. Neeraj, 14 times.  But she did not make any effort to release the amount.

6.     It is observed that the retiral benefits on account of GPF Final Payment, D.C.R.G, Commutation of Pension, Leave Encashment and UTGEIS work out to Rs. 6648781/- which were supposed to be paid to the complainant by January, 2019.  Admittedly, there was no reason for delay in releasing the amount to the complainant.  An amount of more than Rs. 2.25 lakh would have accrued as interest on Rs. 66,48,781/- in the post office @ 8.25% for 5 months.

7.     In view of the above, it is recommended that respondent no. 1 should fix the responsibility for delaying the release of the retiral benefits to the complainant and explore the possibility of compensating him by recovering the amount from those who were responsible for causing such a huge loss to the complainant. 

8.     Action taken report be intimated to this court within 3 months from the date of receipt of this order as required under Section 81 of the Act.

9.     The complaint is disposed of.

10.   Given under my hand and the seal of the Court this 26^th day of June, 2019.

(T.D.Dhariyal)
State Commissioner of Person with Disabilities