Case Summary:
Employment - Promotion
The above named complainant, a person with 40% locomotor disability vide his complaint dated 13.06.2014 received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 08.07.2014 alleged denial of promotion from the post of Section Officer (Horticulture) to the post of Assistant Director (Hort.), a Group B post against a reserved vacancy for persons with disabilities.
Employment - Promotion
Complainant with 40% locomotor disability alleged denial of promotion from post of Section Officer to Assistant Director, which is a Group B post. Respondent submitted that the matter of reservation for PwD for promotion from Group C to Group B was under examination in consultation with the Department of Legal Affairs, Ministry of Law & Justice.
Directions: On receiving no reply from the complainant following this information, the complaint was closed and dismissed as there are currently no legal provisions for reservations for PwD to Group A/B posts.
Order / Judgement:
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4(682)/2014-Wel/CD/3933-34 Dated: 22.01.2018
In
the matter of:
Sh. Ajay Kumar,
S/o Sh. Dharam Pal Singh
Aashirwad Apartment,
A-31, Plot No. 11, Sector-12,Dwarka,
New Delhi-110078. .………
Complainant
Versus
The Commissioner,
North Delhi Municipal Commissioner,
4th Floor, Dr. S.P.M. Civic Center,
New Delhi-110002. …...…Respondent
ORDER
The above named complainant, a person with 40% locomotor disability vide his complaint dated 13.06.2014 received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 08.07.2014 alleged denial of promotion from the post of Section Officer (Horticulture) to the post of Assistant Director (Hort.), a Group B post against a reserved vacancy for persons with disabilities.
2. The matter was taken up with the
respondent vide communication dated 01.08.2014.
After a number of correspondence and hearings, the respondent informed
that in light of the DoP&T’s OM No. 36035/3/2004-Estt.(Res.) dated
29.12.2005, the complainant was not covered for promotion under the quota
reserved for persons with disabilities. DoP&T to whom a reference was made,
also informed that the matter of reservation for persons with disabilities in
case of promotion from Group-C to Group-B or within Group-B was under
examination in consultation with the Department of Legal Affairs, Ministry of
Law & Justice vide their letter dated 09.01.2015. The respondent vide
letter dated 05.02.2015 also informed that a speaking order will be passed on
receiving a reply from the DoP&T.
3. The complainant was directed to
submit his comments, if any within 15 days on the response of the respondent vide
letter dated 06.12.2017 failing which it would be presumed that he had nothing to
say in the matter and the case would be
treated as closed and disposed off. So far, no comments from the complainant have been
received.
4. In view of the above and the fact
that as per DoP&T’s instructions as on date, there is no reservation for
persons with disabilities in promotion to Group-B and Group-A posts, the
complaint is closed and disposed of accordingly.
5. Given under my hand and the seal of
the Court this 22th day of January, 2018.
(T.D. Dhariyal)
State Commissioner for Persons with Disabilities
State Commissioner for Persons with Disabilities
No comments:
Post a Comment