Mobena Begum Vs. Deptt of Social Welfare & Anr | Case No. 627/1092/2018/12/1890-1892 | Dated:18.04.2019

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. 627/1092/2018/12/1890-1892                          Dated:18.04.2019

In the matter of:

Smt. Mobena Begum,

C-16, Gali No. 1, Patparganj Main Road,

Shahi Maszid, Krishna Nagar,

East Delhi, Delhi-110051.                                     ............. 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 Order: 12.04.2019

Present:      . Mobena Begum, complainant in person.

ORDER

The above named complainant, a person with 85% locomotor disability vide her complaint received on 12.12.2018 submitted that she is not getting disability pension.  She went to the office of the District Social Welfare, East, Geeta Colony and Department of Social Welfare, Delhi Gate.   They informed that she has been taking two disability pensions.  Therefore, she will have to return the excess amount of disability pension.  Only thereafter her case will be considered.  She further submitted that she is very poor and does not have enough money even to eat.  Therefore, the excess amount paid to her may be deducted from the amount of the pension that she was entitled to.

2.       The complainant was taken up with the respondent vide letter dated 17.12.2018 and 04.02.2019. 

3.       District Social Welfare Officer, East vide letter dated 21.01.2019 informed that Ms Mobena Begum was getting disability pension in her State Bank of India account no. 30232228441.  She again applied for disability pension under ID no. 29662 by opening an account no. 084020000233 in Delhi State Cooperative Bank Ltd.  Thus, she started getting double pension which was stopped.  She again applied for disability pension (application no. 26040000009000) on 28.02.2019 which has been approved by District Officer.  FAS Branch of Department of Social Welfare has to take further action. Deputy Director, FAS vide his letter dated 28.03.2019 directed District Social Welfare Officer, East to attend the hearing.  However, neither there is any update nor did anyone appeared from the office of DSWO (East).

4.       During the hearing, the complainant submitted that they were called by the FAS Branch on 11.04.2019 but could not meet the concerned officer.  She also submitted that she has closed her account in the Delhi Cooperative Bank Ltd.  She also submitted that as she was not getting disability pension in State Bank of India account for some time, the local politician told her to apply afresh and open new Bank account in the Delhi State Cooperative Bank Ltd.  She is an illiterate person and has no knowledge about these matters.  She does not have husband and has to lookafter her three daughters without any support from any quarter.  After she came to know about the double pension, she had closed the account in Delhi State Cooperative Bank Ltd. on 12.09.2018. Considering her extreme poverty and critical situation, her disability pension may immediately be restored. 

5.       Deputy Director, FAS is directed to contact the complainant on telephone no. 9718564394 on any working day by 30.04.2019.  The complainant has been directed to report to FAS section when called along with all the relevant documents.  If the competent authority approves the disability pension in respect of the complainant, Dy. Director, FAS shall release disability pension along with arrears, if any to the complainant by 15.06.2019.  The complainant has also been advised not to get misled by any person and not try to indulge in any fraudulent activity in future.

6.       The Complaint is disposed of.

7.       Given under my hand and the seal of the Court this 18^th day of April, 2019.

           (T.D. Dhariyal)

                      State Commissioner for Persons with Disabilities

Anup Sagar, Halla Bol Times Vs. Director, Deptt of Social Welfare | Case No. 414/1092/2018/08/947-949 | Dated: 20.02.2019

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

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. 414/1092/2018/08/947-949                        Dated: 20.02.2019

In the matter of:

Sh. Anup Sagar, Chief Editor,

Halla Bol Times (Complainant)

Ms. Rubi (Victim)

hallaboltimes@gmail.com                                    .……… Complainant     

                                 

                                                    Versus

The Director,

Department of Social Welfare,

GLNS Complex, Delhi Gate,

New Delhi-110002.                                            …...…Respondent No.1

The District Social Welfare Officer,

(North East District),

Govt. of NCT of Delhi,

Sanskar Ashram, Dilshad Garden

Delhi-110095.                                                     ........Respondent No. 2

 

Date of Hearing:     19.02.2019

Present:                   None for  Complainant.

Sh. Avinash Chander, Supdt. on behalf of respondent No. 2.

ORDER

           

Sh. Anup Sagar, Chief Editor of Halla Bol Times vide his complaint dated 15.06.2018 addressed to the Court of Chief Commissioner for Persons with Disabilities enclosed a copy of a representation dated 12.06.2018 of Ms. Ruby addressed to Hon’ble LG, Delhi. The said representation was received in this Court on 06.08.2018 from the court of Chief Commissioner for Persons with Disabilities vide letter dated 18.07.2018.  In the said representation, it has been mentioned that Ms. Ruby, D/o Mohd. Niyaz Khan R/o H.No. F-7, Mata Vaishnao Colony, Tahirpur, Nandnagri, Delhi is 24 year old and is a student of M.A. She has  42% locomotor disability.  She has further submitted that she was getting the disability pension of Rs. 1000/- per month from the Department of Social Welfare, which has been stopped w.e.f. January, 2013.  She requested that her disability pension should be re-started.

2.      The complaint was taken up with the respondent vide Notice dated 08.08.2018, reminder dated 19.09.2018 and followed by hearings on 05.12.2018, 29.01.2019 and 19.02.2019.  After the hearings, it transpires that Ms. Ruby was getting disability pension as well as RCL pension and therefore, her disability pension was stopped.  However on 21.11.2019 Sh. Anup Sagar of Halla Bol Times who was contacted on his telephone, stated that the statement of the respondent was factually incorrect as Ms Ruby was not getting RCL pension.   In view of the conflicting statements, Director(SW) and DSWO(North East) were directed to submit the documents in support of the statement that Ms. Ruby has been receiving RCL pension as well as disability pension.  The complainant was also directed to submit by 19.02.2018 the documents in support of his contention that Ms. Ruby did not receive two pensions. It was made clear in the RoP dated 31.01.2019 that if the supporting documents were not received by 19.02.2019, the complaint would be disposed of based on the available record and the matter was listed for hearing on 19.02.2019.

4.      On 19.02.2019, Sh. Avinash Chander, Supdt., DSWO(North East) appeared and submitted a copy of letter dated 13.07.2018 of the Office of Supdt., RCL Tahirpur addressed to the DSWO(North East) intimating that as on 13.07.2018 Ms. Ruby was not an RCL beneficiary.  This does not clarify whether Ms. Ruby was in receipt of two pensions i.e. RCL and disability pension. He also made a written submission that if recovery amount of Rs. 85,500/- as raised by the then DSWO(NE) vide letter dated 22.09.2016 is deposited by Ms. Ruby, D/o Mohd Niyaz Khan then her disability pension would be re-started. 

5.      As Sh. Anup Sagar was not present, the Ms. Ruby  was contacted on her given telephone which was attended by her father Mohd. Niyaz Khan, who stated that Ms. Ruby indeed was getting RCL pension as well as disability pension.   He further stated that the pension  Ms. Ruby received has already been spent on her education, etc.  and therefore it is not possible for them to refund Rs. 85,500/-.  He stated that Ms. Ruby was eligible for one of the two pensions from the period the pension was stopped.  Since she has not been getting any pension for the last 6 years her disability pension should be started without recovery. 

6.      The parties have not submitted any rules / guidelines as to how the cases of this nature are to be dealt. Mohd. Niyaz Khan, father of Ms. Ruby has therefore been advised to make a representation to Director (Social Welfare) for consideration of his request as per the relevant rules / guidelines.

8.      The complaint is disposed of.

9.    Given under my hand and the seal of the Court this 20^th  day of February, 2019.     

                                                                                     (T.D. Dhariyal )

                     State Commissioner for Persons with Disabilities