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. 4/1336/2016-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
