Showing posts with label Contractual appointment. Show all posts
Showing posts with label Contractual appointment. Show all posts

Wednesday, March 14, 2018

Vivek Kumar, S/o Sh. Raj Pal Vs. Commissioner SDMC & Anr | Case No. 4/1336/2016-Wel./CD/6119-6121 | Dated: 13.03.2018




              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
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. 4/1336/2016-Wel./CD/6119-6121                     Dated: 13.03.2018

In the matter of:

Sh. Vivek Kumar, S/o Sh. Raj Pal
H.No. 414, Paprawat, 
Near C.R. Oasis Convenient School,
Najafgarh, New Delhi-110043                                        ................ Petitioner

                                          Versus   
The Commissioner,
South Delhi Municipal Corporation,
9th Floor, Dr. SPM Civic Centre,
J.L.N. Marg, New Delhi-110002                            ………...…Respondent No.1
         

The Commissioner,
East Delhi Municipal Corporation,
419, Udyog Sadan, Paparganj,
Industrial Area, Delhi-110096                                ………...…Respondent No.2


                             ORDER

The above named complainant with 80% locomotor disability filed a complaint dated 31.08.2016 regarding renewal of his contract as a primary education teacher in EDMC w.e.f. 01.07.2016.  He submitted that he was appointed against a reserved vacancy for persons with disabilities on merit.  He was transferred from EDMC to SDMC on his request due to his disability.  All the teachers appointed on contract basis with him in EDMC were re-appointed on 01 July, 2016.  However, his contract was not renewed though the vacancy is lying unfilled.

2.       The Complaint was taken up with respondent No. 1 (SDMC) on 31.08.2016 followed by reminders dated 07.10.16 and 15.11.16.  As no reply was received, a hearing was scheduled on 29.12.2016. 

3.       In the meantime vide letter dated 01.12.2016 SDMC informed that services of the complainant cannot be renewed as he was recruited during 2013 by EDMC.  SDMC had renewed contracts of those who had been recruited upto 31.10.2010.  The respondent also stated that if the complaint is considered, all the contract teachers would also have to be considered whereas the issue has already been decided by Hon’ble Central Administrative Tribunal (CAT) in the matter of Shanton V Tanwar Vs. SDMC.  Vide another reply dated 07.03.2017, SDMC submitted that the matter was also examined in connection with Law Department of SDMC who opined that contractual appointment of the complainant could not be extended.  The backlog vacancies have been referred to DSSSB for appointment to the post of primary teachers in the year 2009-10.  The selection process has not yet completed by the DSSSB.

4.       EDMC vide letter dated 14.12.2017 inter-alia submitted that as per circular No. D/894/ADC/Admin./HQ/13-14 dated 09.01.2014 no inter-corporation transfer of contractual teachers would be considered.  Despite this, keeping in view the difficulties being faced by the complainant in travelling from Nazafgarh to Shah(North), his case was considered and he was transferred to SDMC.  As the complainant is no longer an employee of the EDMC, EDMC has
ng the hearing the representative of EDMC submitted that the recomnothing to do with his re-engagement.  

5.       On 17.01.2018 durimendation is the ROP dated 27.12.2017 was submitted to the higher authority and there was no change in the decision that has already been communicated vide letter dated 14.12.2017. 

          The recommendation was made to EDMC because SDMC re-engaged contract teachers who were engaged up to 31.10.2010 whereas the complainant was engaged in the year 2013.  The complainant who was heard on telephone during the hearing, stated that he would make necessary arrangement for his stay near his place of posting if he is re-engaged and will not ask for transfer.

6. After a series of hearings on 20.09.2017,13.11.2017,14.12.2017and 17.01.2018, EDMC was advised vide record of proceedings dated 14.12.2017 and 18.01.2018 to consider the complainant for the post of primary teacher on contract basis against the vacant post until the post is  filled by a person with disability on regular basis since the complainant was appointed on contract by EDMC against the vacancy for persons with disabilities, which was still lying vacant and the contract appointees were still continuing in EDMC.

7.       He was advised to meet the Commissioner, EDMC and intimate its outcome to this court within 10 days.  On 18.01.2018, the complainant met the Commissioner, EDMC, who approved renewal of contract appointment of the complainant and he was posted at EDMC Primary School, Khajuri Khas-II on 25.01.2018.  EDMC vide letter dated  27.02.2018 informed that Sh. Vivek Kumar has been allowed to be engaged as a contract teacher in EDMC w.e.f. 25.01.2018 vide order No. D/2489/DDE/Admn./Edn./HQ/EDMC/18 dated 19.02.2018 which is a very positive step.

8.         In light of the positive action by Commissioner, EDMC, the complaint is disposed off.

9.       Given under my hand and the seal of the Court this 9th day of March, 2018.  
   
                                                                            
                                                                                       (T.D. Dhariyal)
                     State Commissioner for Persons with Disabilities