Aarti Vs. Director, Deptt of Social Welfare & Anr. | Case No.1001/1092/2019/06/3665-3667 | Dated:22.07.2019

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.1001/1092/2019/06/3665-3667                           Dated:22.07.2019 

In the matter of:

Ms. Aarti,

H.No. 430 Mewa Ganj Chhota Bazar,

Shahdara, Delhi-110032.                                  …………..Complainant

Versus

The Director,

Department of Social Welfare,

GLNS Complex,

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

The DSWO (East),

Department of Social Welfare,

Block 10, Geeta Colony,

Delhi-110031.                                                             ..........Respondent No. 2

ORDER

The above named complainant Ms. Aarti, mother of Master Ritik, a person with 50% Intellectual disability vide her complaint received on 25.06.2019 submitted that she submitted an application for disability pension in respect of her son on 28.02.2017 in the office of DSWO (East).  She further submitted that even after visiting DSWO (East) Office many times, the application for disability pension was still pending.   She requested for help in releasing disability pension for her son.

2.     The complaint was taken up with the respondents vide Show Cause-cum-Hearing Notice dated 01.07.2019 under the Rights of Persons with Disabilities, Act 2016, hereinafter referred to as the Act.  The respondents were directed to to show cause why the pension should not be released to the complainant and to submit para-wise/point-wise comments on the complaint by 15.07.2019 and if the same was not done by that date, a hearing was proposed on 13.08.2019.

3.       DSWO(East) vide his letter dated 15.07.2019 submitted as under:-

“In the above said matter, the following point wise comments are as under:-

1.    The complainant Smt. Aarti had applied Handicapped pension of her son Sh. Ritik in this office on dated 28.02.2017.

2.    The case has already been sanctioned by this office and sent to FAS Branch, Delhi Gate for remittance of payment.  As per data available in this office, the pension amount is not being disbursed into the applicant’s account due to fifteen digit (short) account number as submitted by the applicant.  Sixteen digit account number of applicant is required to be submitted for disbursement of pension through ECS/Adhaar based.

3.    On 12.07.2019 applicant has re-submitted his bank details and same has been updated and send it to FAS Branch for disbursement (Will be sent on 25^th ).

4.       From the reply of the respondent No.2, it is not clear why did it take two and a half years to inform deficiency in the application.  This calls for overhauling the process of sanction and release of the amount of pension to persons with disabilities which should also provide  for accountability at each stage and fixing responsibility.  Such an exercise be undertaken in right earnest.

5.       Respondent No. 1 is directed to ensure that the amount of disability pension including the arrears is credited to complainant’s account by 15.09.2019.  If the amount is not credited to complainant’s account by that date, the complainant may intimate this court through e-mail/ telephone.

6.       Action taken in the matter be intimated to this court as required under Section 81 of the Act.

7.       The complaint is disposed of with the above direction.

8.       Given under my hand and the seal of the Court this 22^nd day of July, 2019.

           (T.D. Dhariyal)

                      State Commissioner for Persons with Disabilities

Nidhi Jain Vs. Director, Deptt of Social Welfare & Anr. | Case No. 831/1092/2019/04/1991-1993 | Dated: 25.04.2019

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-110002

Phone: 011-23216003-04, 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. 831/1092/2019/04/1991-1993                    Dated: 25.04.2019

In the matter of:

Ms. Nidhi Jain

D/o  Sh.  Pawan Jain

C-60 Ashok Vihar

Phase-1 Ashok Vihar

North West Delhi-110052                                       .………..Complainant

Versus

The Director,

Department of Social Welfare

GLNS Complex, Delhi Gate

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

The DSWO (North)

Department of Social Welfare

20-21, Gulabi Bagh  Shopping Complex 
(Near Super Bazar)      Gulabi Bagh
Delhi - 110007                                                   ……..Respondent no. 2

ORDER

The above named complainant, daughter of Sh. Pawan Jain,  a person with Blindness vide her email dated 27.03.2019 submitted that her father was not getting disability pension since January 2018 even after submitting all the documents including updating Aaadhar details. She  also submitted that her father was getting the disability pension at the old rate of Rs.1500/- per month.                                                                                                                                           

2.      The complaint was taken up with the respondent under the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as the Act, vide notice dated 05.04.2019 with the direction to submit Action Taken Report on the complaint.

3.      The respondent no.2 vide reply dated 18.04.2018 informed that as per available data in Distt. Social Welfare Office (North), it was found that the details of Aadhaar were not updated. Now the same has been updated and sent to FAS Br., DSW, (HQ) for release/ crediting of pension in his account. The full pension of the complainant will soon be credited to his bank account. 

 

4.      In the light of the report of respondent no. 2, the complaint is disposed of with the direction that the amount of disability pension including the arrears be credited to the account of Sh. Pawan Jain by 24.05.2019. If the amount is not credited by that date, the complainant may intimate this court through e-mail/telephone.

5.      An action taken report be submitted to this Court within 3 months from the date of receipt of this order as required under Section 81 of the Act.

6.      Given under my hand and the seal of the Court this 25^th day of April  2019.

(T.D.Dhariyal)

                                State Commissioner for Persons with Disabilities

Tara Devi Vs. Deptt of Social Welfare | Case No. 792/1092/2019/03/1899-1901 | 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. 792/1092/2019/03/1899-1901           Dated: 18.04.2019

In the matter of:

Smt. Tara Devi,

R.Z.A.-63, Gali No.4,

Dwarka Puri, Vijay Enclave,

Palam Road, New Delhi-110045.                          ................ Complainant

                                          

Versus

The Director,

Department of Social Welfare,

GLNS Complex, Delhi Gate,

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

The District Social Welfare Officer,

(South-West District),

GNCT of Delhi,        

C-22/23, Udyog Sadan,

Qutub Institutional Area, Near Qutub Hotel, 

New Delhi-110016.                                           ……...…Respondent No.2

 Date of Hearing:       16.04.2019

Present:                    Smt. Tara Devi, Complainant

                                

                                 R.S. Yadav, Welfare Officer, on behalf of respondent

ORDER

          The above named complainant, a person with 40% locomotor disability   vide her complaint dated 06.03.2019 submitted that she applied for disability pension in Social Welfare Department vide form dated 30.11.2017 but the pension has not been sanctioned.  She requested to help her in getting her disability pension sanctioned.

2.       The complaint was taken up taken up with the Department of Social Welfare and District Social Welfare Officer (South West) under the Rights of Persons with Disability Act, 2016, hereinafter referred to as the Act, vide Show Cause-cum-hearing Notice dated 11.03.2019 with the direction to release the pension if she is eligible and submit an Action Taken Report by 26.03.2019 and a hearing was scheduled for 16.04.2019.

3.       Vide e-mail dated 16.04.2019, District Social Welfare Officer (South West) has informed that the case of the complainant is pending for want of uploading of the mandatory document i.e. ID proof.  It is further informed that the complainant was contacted on telephone to contact the District Office along with original documents so that necessary corrections could be done at the District Office to approve the case as per rules but the complainant has not contacted the District Office so far.

4.       During the hearing on 16.04.2019 while confirming the telephone call from the District Office, complainant reiterated her written submissions.  District Social Welfare Officer (South West) was contacted on telephone who was directed to do the needful and get the disability pension sanctioned at the earliest. The Representative of the respondent attended the court after the hearing.

5.       The complainant was advised to visit the District Social Welfare Office today i.e. 16.04.2019 itself and get the necessary documents uploaded so that her application for disability pension could be processed.

6.       Respondents are directed to process the case of the complainant for disability pension expeditiously and ensure that the amount of disability pension including the arrears is credited to her account by 15.06.2019.  If the amount is not credited to her account by that date, the complainant may intimate through e-mail/ telephone.

7.       Action taken in the matter be intimated to this court as required under Section 81 of the Act.

8.       The complaint is disposed of with the above direction.

9.       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

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

Naveen Thakur Vs. Deptt of Social Welfare & Anr | Case No. 628/1092/2018/12/ 1883-1885 | Dated:16.04.2019

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. 628/1092/2018/12/ 1883-1885               Dated:16.04.2019

In the matter of:

Sh. Naveen Thakur,

86/1, Gali No. 3, Chandu Park,

Krishan 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: Sh. Naveen Thakur, complainant in person.

ORDER

          The above named complainant vide his complaint dated 11.12.2018 submitted that he applied for disability pension on 17.07.2018 (Registration ID 101926800 and Application No. 26040000013350).  He has not so far received the disability pension. 

2.       The complaint was taken up with the respondent vide notice dated 17.12.2018 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as “Act”. 

3.       District Social Welfare Office (East) vide letter dated 21.01.2019 informed that after verification, the application of the complainant was submitted to District Social Welfare Officer and it is pending at his level.   Despite reminders, there was no intimation about the decision on grant of disability pension or otherwise.  Therefore a hearing was scheduled on 12.04.2019.

4.       As most of the Officers were on election related duties, Office of District Social Welfare Office (East) vide letter dated 11.04.2019 informed that the complainant applied for disability pension through on line mode on 17.07.2018.  On scrutiny, it was found that the complainant had not submitted mandatory documents, i.e. residence proof of 5 years in Delhi and the Bank Pass Book mentioning account number.  An auto generated message was conveyed to the complainant but his given telephone 9667469968 was not reachable.

5.       During the hearing, the complainant produced an old photocopy of the ration card issued on 23.12.2005, original Aadhar Card issued on 20.10.2011 and another copy of Aadhar Card indicating his date of birth as 16.09.1996 and original Punjab National Pass Book account no. 3058000109339814 opened on 11.12.2017.  He also stated that he studied at Bhawna School, Jagat Puri Delhi upto class VI.  From the documents that the complainant has submitted, he appears to be living in Delhi at least since 2005 and he was born in 1996.  He has however been advised to get a transfer certificate from the school he attended till class VI which can also be used as a document for his date of birth since as per him birth certificate is not available. 

6.       District Social Welfare Officer, East is directed to contact the complainant on his mobile whose no. 9667469968 and call the complaint to his/her office on any working day for verification of the documents and uploading the same if required, on or before 30.04.2019.  The complainant is directed to produce the required documents.  If the complainant produces the required documents, District Social Welfare Officer, East shall verify the same and if complainant is found eligible, shall submit the case to FAS Branch of Social Welfare Department by 30.05.2019 and FAS Branch shall ensure that the pension alongwith arrears is released to the account of the complainant by 15.06.2019. 

7.       The Complaint is disposed of.

8.       Given under my hand and the seal of the Court this 16^th day of April, 2019.

           (T.D. Dhariyal)

                      State Commissioner for Persons with Disabilities

Himani Sehgal Vs. Director, Department of Social Welfare & Anr. | Case No. 683/1092/2019/01/1843-1845 | Dated: 12.04.2019

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. 683/1092/2019/01/1843-1845          Dated: 12.04.2019

In the matter of:

Ms. Himani Sehgal,

E-355, Gali No.-6,

West Vinod Nagar,

Delhi-110031.                                                       ................ 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 Hearing        11.04.2019

Present:                    Ms. Himani Sehgal, Complainant

ORDER

          The above named complainant, a person with 40%-70% mental illness vide her complaint dated 17.01.2019 alleged that she applied for disability pension in District Social Welfare Office (East) vide Registration ID No. 26040000012797 on 24.06.2018 but the pension has not been sanctioned.  She also alleged that she visited the DSO(East) office many times but was told that the case is pending with District Social Welfare Officer.  The behaviour of the staff at the headquarter Delhi Gate was also inhuman especially counter No.7.

2.       The complaint was taken up taken up with the Department of Social Welfare and District Social Welfare Officer (East) under the Rights of Persons with Disability Act, 2016, hereinafter referred to as the Act, vide Show Cause Notice dated 29.01.2019 with the direction to submit Action Taken Report on the complaint by 18.02.2019.  As no response was received from the respondents, a hearing was scheduled for 11.04.2019.

3.       Vide e-mail dated 11.04.2019, District Social Welfare Officer (East)  has informed that on scrutiny of the application of the complainant, it was found that the complainant had not submitted mandatory documents i.e. residence proof of 5 years in Delhi and Joint Account under guardianship.  The complainant was telephonically informed about this.  After the complainant submitted the documents, the same were uploaded by the department properly.  Now the case has to be sanctioned by the District Office.  As District Officer is on election  duty,  the case will be sanctioned after the election process is over.

4.       During sthe hearing on 11.04.2019, the complainant reiterated her written submissions.  As Ms. Himani Sehgal in her complainant dated 17.01.2019 had also submitted that as per the concerned staff in the Office of DSWO (East), her case was awaiting approval by the DSWO (East), FAS Branch of Department of Social Welfare is directed to make alternative arrangement, if necessary to sanction the disability pension to the complainant and ensure that the amount of disability pension including the arrears is credited to her account by 15.06.2019.  If the amount is not credited to her account by that date, the complainant may intimate through e-mail/ telephone.

5.         Action taken in the matter be intimated to this court as required under Section 81 of the Act.

6.       The complaint is disposed of with the above direction.

7.       Given under my hand and the seal of the Court this 12^th day of April, 2019.

           (T.D. Dhariyal)

                      State Commissioner for Persons with Disabilities