Case No. 2077/1021/2021/01/1491-92 Dated:08-09-21
In the matter of:
R/o 28, Hariom Kusth Ashram,
Tahirpur, Delhi-110095
E-mail ID: inderjeetkumar1441@gmail.com
And
Shri Pramod Kumar Sao S/o Shri Ramchandra Sao,
50, Manav Seva Samiti, Tahirpur, Jhilmil,
East Delhi-110095. ..……Complainants
Versus
North Delhi Municipal Corporation
Dr. SPM Civic Centre,
Delhi-110002 ..........Respondent
D.O.H.: 07.09.2021
Present: Sh. Inderjeet Kumar, Complainant alongwith Sh. Bimbadhar Sethi, General Secreatary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan
Sh. Sanjeev Narayan, Addll. Deputy Commissioner, DEMS, Sh. S.K. Bhardwaj, A.O.(DEMS) and Sh. Sanjay Batra, SSA appeared on behalf of the Respondent
ORDER
The above named complainants, persons with locomotor disabilities have filed a joint complaint dated 04.01.2021 under the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as the Act. They inter-alia submitted that they were engaged as Leprosy Cured Swachhata karmacharies on daily wages in the North Delhi Municipal Corporation in the year 2003 and they were regularized as Swachhata Karmacharies in the year 2016. After that as per order of North DMC, they had acquired Diploma in Assistant Sanitary Inspector (ASI). They submitted various representations to their department for promotion to the post of Assistant Sanitary Inspector (ASI) and consequently North MCD vide letter dated 13.12.2019 had issued a provisional seniority list of eligible employees for promotion to the post of ASI and their names were reflected at Serial.No. 282 and 283 respectively. Thereafter, they sought information about their promotion from the North MCD but till date no information has been received from their department and their promotion case is still pending.
2. The matter was taken up with the respondent vide letter dated 07.01.2021 followed by reminders dated 01.02.2021, 26.03.2021, 09.04.2021 and Show-cause Notice dated 27.07.2021 for submission of their comments. But despite issuance of several reminders & a Show-cause Notice, respondent did not submit any reply.
3. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 07.09.2021.
During the hearing, Sh. Inderjeet Kumar complainant was present alongwith Sh. Bimbadhar Sethi, General Secretary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan. However, another complainant Shri Pramod Kumar Sao was absent. Representatives of respondent were also present. Complainant reiterated his written submission and grievance towards promotion.
4. Sh. Sanjeev Narayan, Addl. Deputy Commissioner, DEMS and other representatives appeared on behalf of the respondent submitted that the names of Sh. Inderjeet Kumar and Sh. Pramod Kumar Sao, have already been enlisted in the list of eligible candidates for promotion of Swachhata Karmacharies to the post of Assistant Sanitary Inspector (ASI). The matter is in process and final decision in this regard will be taken as per recommendations of DPC meeting as and when held in accordance with the relevant rules and prescribed terms and conditions.
5. After due deliberations and discussion, the Court recommends that the matter of promotion of Sh. Inderjeet Kumar and Sh. Pramod Kumar Sao to the post of Assistant Sanitary Inspector (ASI) should be duly considered by Department whenever comes up for consideration. However, respondent is hereby directed that the above promotion process be expedited after completing all the codal formalities and ensuring 4% reservation to persons with disabilities so that the persons with disabilities are not deprived of their entitlements.
6. The case is disposed of.
7. Given under my hand and the seal of the Court this 07th day of September, 2021.
