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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 838/1092/2019/04/2261-2262 Dated: 13.05.2019
In the matter of:
Sh.
Pravesh Kumar,
H-36, Gali No. 4, Brahampuri,
Delhi-110053. ....Complainant
Versus
Secretary
(Revenue)/Divisional Commissioner,
Revenue Department, GNCTD
5, Sham Nath Marg,
Delhi-110054. ...…Respondent
Date
of hearing: 13.05.2019
Present: Sh. Sh. Pravesh Kumar, Complainant in person.
Sh. Ajay Arora, SDM II HQ
alongwith Sh. Santosh Kr. Behra, JD (IT) for respondent.
ORDER
The above named complainant, a person
with 47% locomotor disability vide his complaint dated 03.04.2019 submitted
that he applied for digital disability ID card in the office of SDM, Seelampur
on 13.04.2017 vide Registration No. 90800000006258 which was rejected. His second application was also rejected. The
reason for rejection was that the disability is less than 50%. He further submitted that it is required for
renewal of his DTC pass.
2. The complaint was taken up with the
respondent vide show cum hearing notice dated 24.03.2019 under the provisions
of Rights of Persons with Disabilities Act, 2016, hereinafter referred to as
Act.
3. SDM-V(HQ) vide letter dated 30.04.2019
directed SDM Seelampur to submit comments and a hearing was scheduled on
13.05.2019. Sh. Santosh Kumar Behra, JD
(IT) vide letter dated 11.05.2019 has submitted as under:
“With respect to the above sited subject, the under
signed like to convey that Mr. Pravesh Kumar, residence of H-36, Gali no. 4,
Brahampuri, Delhi-110053 has filed a complaint dated 03.04.2019 under RPWD Act
2016 to State Commissioner of Person with Disabilities. The following are Para
wise/point wise comments to the Commission as follows:
1. In
his complaint he has mentioned that he has applied twice at the O/o of SDM
(Seelampur) for issuance of Disability Certificate. He applied on 13-4-2017 and
24-12-2018. Both the times his application was rejected. Rejection reasons were
"as per e-district portal for disability below 50% the disability
certificate cannot be issued".
2. In
the month of April 2019, the master data in e-District portal for Types of
Disabilities and the minimum percentage for each disability has been updated as
per the "THE RIGHTS OF PERSONS WITH DISABLITIES ACT 2016" wherein the
number of disabilities is 21 and minimum percentage is defined as 40%.
3. The
master data for Types of Disabilities and the minimum percentage for each
disability from e-District portal prior to April 2019 have been called from NIC;
e-District team and placed at Annexure 'A'. The data is showing 50% minimum
percentage under the category "Orthopedically Handicapped".
4. As
per the PWD Act 1995 and PWD Act 2016, there is no disability under the
category “Orthopedically Handicapped" instead "Locomotor
Disability" is there.
5. Now,
the applicant can apply under “Locomotor Disability” having not less than 40%
Disability. The e-District software can
allow generating the Disability ID including for other 20 identified type of
disabilities as per the PWD Act 2016.”
4. During the hearing on 13.05.2019, Sh.
Ajay Arora, SDM-II, HQ and Sh. Santosh Kumar Behra, Jt. Director (ID) stated
that if the complainant accompanied them to their office, they would facilitate
him to apply for digital disability ID card and he can download the card online
within 15-20 days. The complainant agrees
to accompany them.
5. In view of the above, the complaint is
disposed of. The complainant is advised
to intimate this Court by telephone/email/letter immediately on receipt of the
digital disability ID card or by 31.05.2019, whichever is earlier.
6. Given under my hand and the seal of the
Court this 13th day of May, 2019.
(T.D. Dhariyal)
State Commissioner for Persons
with Disabilities
