Case Summary:
Employment: Complainant raised the issues of regularization of leprosy cured daily wager safaikarmacharis and the appointment of leprosy cured persons against the 3% reserved vacancies for persons with disabilities. After a course of communications with the respondents, NDMC reported regularizing all the pending cases, while EDMC and SDMC reported that the regularization process was under progress. Complainant expressed concern over the long time the process has taken. In response, the Court recommended that SDMC and EDMC are requested to do the needful by 31 May 2017.
In the Court of State Commissioner for Persons with
Disabilities
Employment: Complainant raised the issues of regularization of leprosy cured daily wager safaikarmacharis and the appointment of leprosy cured persons against the 3% reserved vacancies for persons with disabilities. After a course of communications with the respondents, NDMC reported regularizing all the pending cases, while EDMC and SDMC reported that the regularization process was under progress. Complainant expressed concern over the long time the process has taken. In response, the Court recommended that SDMC and EDMC are requested to do the needful by 31 May 2017.
Order / Judgement:
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.
4/520/2013-Wel/CD/ 326-329 Dated: 09.05.2017
Case No.
4/1110/2015-Wel/CD/
In
the matter of:
Suo Motu
Versus
Commissioner,
North Delhi Municipal Corporation,
4th Floor, Dr. SPM Civil Centre,
New Delhi-110002. .......Respondent No. 1
Commissioner,
South Delhi Municipal Corporation,
9th Floor, Dr. SPM, Civil Centre,
JLN Marg, New Delhi. .......Respondent
No.2
Commissioner
East Delhi Municipal Commissioner,
419, Udyog Sadan Patparganj Industrial Area,
Delhi. ...…Respondent
No. 3
Case No. 4/1170/2015-Wel/CD/
Sh. Bimbadhar Sethi, General Secreatary,
Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan Vs Commissioner, North
DMC.
Case
No.4/1171/2015-Wel/CD
Sh.
Bimbadar Sethi, General Secreatary,
Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan Vs Commissioner, SDMC
& EDMC.
Date
of hearing: 08.05.2017
Present: Sh. Bimbadhar Sethi,
General Secretary, Sh. Akela Anand, Chairman,Indrajeet, Member on behalf of
Vande Matram Swasth Kusht Rogi Majdoor Punarvash Sansthan, on behalf of Complainant.
Sh.
Rambir Singh SO, Jasvinder Kumar, UDC on behalf of DEMS/North Delhi Municipal
Corporation and Sh. G.S. Pandey, LDC on behalf of
DEMS/ South Delhi Municipal
Corporation.
ORDER
Shri Bimbadhar Sethi,
Secretary, Vandematram Swasth Kusht
Rogi Majdoor Punarvash Sangthan in his letters dated 12.08.2013 (two letters) raised the following issues:-
(i)
Regularisation of 286
Leprosy Cured Daily Wager Safai Karamcharis; and
(ii)
Appointment of Leprosy Cured
Persons in the Municipal Corporations against 3% reserved vacancies for persons
with disabilities.
2. The Office of the Commissioner
for Persons with Disabilities took the suo-motu cognizance of the matter and
took up with the respondents vide letter dated 19.09.2013. Subsequently, Ex-MLA, Sh. Vir Singh Dhigan
also brought the above issues to the notice of Commissioner for Persons with
Disabilities. Sh. Bimbadhar Sethi filed
two more complaints on the same issue.
3. After a series of
exchange of communications with
the three Municipal
Corporations namely North Delhi Municipal Corporation, South Delhi Municipal
Corporation and East Delhi Municipal Corporation and a number of hearings, the
North Delhi Municipal Corporation (NDMC) vide letter dated 20.01.2017 informed
that all the 74 Leprosy Cured D/W SKs of NDMC engaged upto 31.12.2003 had been
regularised as per policy approved by the Competent Authority. As on January,
2017, there was no pending case for regularisation.
4. The East Delhi Municipal
Corporation (EDMC) vide letter dated 8.01.2017 informed that a proposal for
regularisation of services of 36 Leprosy Cured D/W SKs had been put up for
consideration and adoption of the House of EDMC. They will be regularised after the proposal
is approved by the House.
5. Similarly, the South Delhi
Municipal Corporation (SDMC) vide letter dated 07.12.2017 informed that 23
Leprosy Cured D/W SKs are awaiting regularisation and the process for their
regularisation has been initiated.
6. During the hearing on 08.05.2017,
Sh. Bimbadhar Sethi confirmed the number of Leprosy Cured Persons awaiting
their regularisation as mentioned
above. However, he and the accompanying
persons were concerned about the long time that the process has taken. They
further raised the issue of appointment of more Leprosy Cured Persons against
the quota of reserved vacancies. They further
pointed out that those who were engaged as daily wagers after 31.03.2003, are
proposed to be regularised from the current date, which will amount to discrimination.
7. The representative of NDMC and
SDMC reiterated their written submissions and clarified that the decision about the date of
regularisation is taken at the
Corporation’s level.
8. As the complaint for regularisation
of services of the Leprosy Cured D/W SKs is pending since 2013, the SDMC and
EDMC are directed to do the needful by 31st
May 2017 and submit a report by 2nd
June, 2017.
9. As identical issues are involved
in Case No. 4/1110/2015-Wel/CD, Case No. 4/1170/2015-Wel/CD & Case
No.4/1171/2015-Wel/CD and the parties are also the same, the said cases also
stand disposed of in terms of this order.
10. The question of the date of
regularisation of those who were engaged as daily wagers after 31.03.2003 is
the subject matter of another case No. 4/1481/2016/Wel/CD and will be dealt
separately.
The matter is disposed of
accordingly.
Given
under my hand and the seal of the Court this 9th day of May,2017.
(T.D. Dhariyal )
State Commissioner for Persons with Disabilities
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