Case No. 2391/1021/2021/10/4932-4934 Dated:26-04-22
In the matter of:
C/o Shri Shiv Kumar Saini,
Kh. No. 87/3, Ist Floor, Old Lal Dora Village Lampur,
Near Shiv Mandir, Delhi-110040
(Email: mahipal.s2304@gmail.com) ……………..Complainant
The Director of Education,
North Delhi Municipal Corporation,
Education Department, HQ,
15th, Floor, Dr. S.P.M. Civic Centre,
J.L.N. Marg, New Delhi-110002. ..…………..Respondent
Date of Hearing : 26.04.2022
Present: Shri Mahipal, Complainant
Shri Dinesh Ram, School Inspector on behalf of respondent
ORDER
The complainant, a person with 40% visually impaired disability, filed a complaint dated 01.10.2021, under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as the Act. The complainant inter-alia alleged that he was deprived of his rights and benefits like regular promotion to the post of Principal and ad-hoc promotion to the post of School Inspector though he has been working in the same capacity for long. His pay anomalies have also not been rectified by his department despite several representations made by him.
2. The matter was taken up with Director of Education, North Delhi Municipal Corporation (North DMC) vide letter dated 18.10.2021 followed by reminders dated 01.12.2021 & 12.1.2022 and Show Cause Notice dated 10.2.2022. However, no response was received from the respondent and therefore a hearing was scheduled on 26.04.2022.
3. During the hearing, complainant reiterated his submissions and added that he is performing duties against vacancies of 13 School Inspectors alone. He is not being promoted to the post of Principal on regular basis resulting in non promotion to the post of School Inspector on adhoc basis. The complainant represented many times to the department to remove this anomaly and also regarding his pay, without any response from the department.
4. Respondent submitted reply by hand in the Court on 26th April, 2022 during the hearing as under:-
(i) It is a departmental policy and regular promotion to the post of Principal & Adhoc promotion to the post of School Inspector is not given to any junior of the complainant.
(ii) Regarding anomalies in the pay of the complainant, it was submitted that as per Rule-20 (Seniority and Promotion), financial upgradation under MACPS shall be purely personal to the employee and shall have no relevance to this seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/Level under the MACPS. However, in cases where a senior Government servant granted MACP to a higher Grade Pay before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is granted MACP to the higher Level on or after the 1st day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of MACP of the Junior Government servant subject to the fulfillment of the following conditions, namely:-
(a) Both the Junior and Senior Government servant belong to the same cadre and they are in the same pay Level on grant of MACP;
(b) The existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical;
(c) The Senior Government servants at the time of grant of MACP are drawing equal or more pay than the Junior;
(d) The anomaly is directly as a result of the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such grant of MACP in the revised pay structure:
Provided that if the Junior Officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub-rule shall not be invoked to step up the pay of the senior officer.
(iii) Education Department, North DMC is facing the acute shortage of School Inspector. After unification/recruitment/promotion, more School Inspectors will be posted in Narela Zone. However, if complainant is not comfortable with the post of School Inspector, he may request the Department to withdraw the LAC order of School Inspector.
5. It is observed by the Court that the respondent is non sensitive and non cooperative towards the persons with disabilities and do not bother to respond to the letters from the Court even, which is viewed seriously and it is urged that timely reply be given by the concerned Director of Education of North Delhi Municipal Corporation. Taking into consideration the grievance of the complainant and the reply submitted by the respondent, the following recommendations are made:-
(i) With regard to the reply of the respondent regarding shortage of manpower especially for School Inspectors in the North DMC, this Court takes serious view of this lacuna as “Primary education is the pillar of society. Imparting quality primary education to the students of NCT of Delhi mainly from Middle, Lower middle and the BPL category is of utmost importance to bring in social harmony and equality.” It is unfortunate that this important facet is being ignored, overlooked and not given priority by the Corporation so far. The Court urges to Commissioner, North DMC (Commissioner, MCD) to take note of this grave anomaly and situation and fill up all the vacant posts of the School Inspectors, Teachers, Principals etc. so as to ensure that quality education is imparted to all the primary level students in the NCT of Delhi.
(ii) In the instant case, the complainant who is a Senior Teacher in the MCD for the past 19 years and have been performing the duties on Current Duty Charge (CDC) as School Inspector for the last 9 years. Due to shortage of School Inspectors, he has to perform duties of 13 School Teachers who should have been designated by the Corporation to look after 176 schools, currently under the charge of the complainant. Is it humanly possible to do justification for one CDC School Inspector to perform duties meant for 13? This moot question needs to be answered by Commissioner, North DMC (Commissioner, MCD). There are various categories of School Inspectors such as Nursery, Physical Education, Science and General and against vacancies of 13 School Inspectors, the complainant is the only one holding posts for past several years. This situation is unacceptable. The Court directs the Commissioner, North DMC (Commissioner, MCD) to immediately pay attention to this aspect and start the recruitment process to fill up the vacant posts of School Inspectors and submit ATR within 90 days from the date of receipt of this order as per Section 81 of the RPwD, Act 2016.
(iii) The Court also directs the Commissioner, North DMC (Commissioner, MCD) to address the grievance of the complainant with respect to anomalies regarding his pay and granting the complainant adhoc post of School Inspector as per eligibility & performance upgrading from Current Duty Charge (CDC). There should not be any discrimination against a person with disability as per the RPwD Act, 2016. ATR in this regard (removing pay anomaly and granting adhoc post as deemed fit) is to be submitted within 45 days from the receipt of this order.
6. Given under my hand and the seal of the Court this 26th day of April, 2022.
Copy to :-
Commissioner, North DMC (Commissioner, MCD), Dr. S.P.M. Civic Centre, J.L.N. Marg, New Delhi-110002, with respect to above recommendations.
