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. 677/1023/2019/01/2263-2264 Dated:13.05.2019
In the matter of:
Ms. Monika Dhankhar,
D-1002, Pearl Court,
Ramprastha, Ghaziabad,
Uttar Pradesh-201301 ……Complainant
Ms. Monika Dhankhar,
D-1002, Pearl Court,
Ramprastha, Ghaziabad,
Uttar Pradesh-201301 ……Complainant
Versus
The Medical Superintendent,
Guru Nanak Eye Centre
Maharaja Ranjit Singh Marg,
New Delhi-110002 …..Respondent
Guru Nanak Eye Centre
Maharaja Ranjit Singh Marg,
New Delhi-110002 …..Respondent
Date of hearing: 08.05.2019
Present: None appeared from complainant side
Sh. S.K. Purohit, S.O. alongwith Sh. Rajkumar on behalf of respondent
Sh. S.K. Purohit, S.O. alongwith Sh. Rajkumar on behalf of respondent
ORDER
The
above named complainant, a person with 45% locomotor disability vide her
complaint dated 04.01.2019 alleged that she was being given odd hours of duty
and in the night shift in Guru Nanak Eye Centre. Derogatory remarks, “this is not rehabilitation center and you
got reservation in your education, job and now you need in duty as well”,
were made against her. She was selected
as general candidate and not by reservation.
Her disability is due to Kyphoscoliosis (Cervico-Dorsal) due to which
she has problem in working for prolonged hours. As per DoPT, Govt. of India OM
no. 36035/3/2013/Estt.(Res) dated 31.03.2014,persons with disabilities should
preferably be posted to perform jobs which they can easily do. The incident has affected her mental health
and she had to request Secretary, Health & Family Welfare to revert her to her
previous posting. She requested to issue
an informative memorandum to the hospitals under the Health & Family
Welfare Department so that persons with disabilities enjoy their rights without
any hassles.
2. The complaint was taken up with the
respondent vide notice dated 17.01.2019 under the Rights of Persons with
Disabilities Act, 2016,hereinafter to referred to as the Act. The respondent vide letter dated 09.02.2019
submitted that as per guidelines issued by Govt. of India and endorsed by Govt.
of NCT of Delhi for persons with disabilities, only soft duty is given to
persons with disabilities. Ms. Monika
Dhankhar was given the duties from 08:00 A.M to 02:00 P.M for 06 hours
only. Neither any odd duties/prolonged
duties/ night duties was given to her nor was any derogatory remark used by
anybody against her. Copies of the replies
obtained from DNS and ANS of the hospital were also enclosed.
3. Vide her rejoinder dated 21.02.2019, the
complainant submitted that the ATR of Medical Superintendent was false. In support of her contention, she enclosed a
copy of an extract of the attendance register for the month of January 2019 as
per which “N” is marked against her name for 24, 25 and 26 January 2018.
4. Upon considering the written submission
of the parties, a hearing was scheduled on 01.04.2019, which was attended by
the complainant, her brother Sh. Mohit Dhankhar, Ms. Neelam Sharma (ANS), Ms.
Malti Sabharwal (DNS) and Vineet Sachdeva.
5. During the hearing, the complainant
reiterated her allegations and stated that the remarks were made by
Director. The attention of the
representatives of the respondent was drawn to the need for appreciating that a
socially beneficial legislation like the Rights of Persons with Disabilities
Act, 2016 has been enacted to protect the rights of persons with disabilities. Despite
elaborate and the rights based provisions in the law, there is inadequate
sensitivity and unwillingness to extend reasonable accommodations to employees
with disabilities to enable them to work in an inclusive and congenial
environment.
6. Even before the above Act was enacted,
DoPT, Govt. of India had issued the guidelines dated 30.03.2014 to provide
certain facilities, services and amenities to persons with disabilities to
enable them to discharge their duties effectively.After hearing the complainant
and representatives of Guru Nanak Eye Centre, it was advised vide RoP dated
02.04.2019 that the Director of the Centre and superiors of the complainant
should sit together and discuss the matter with a view to appreciating the
situation of the complainant and that such remarks have very serious impact on
the dignity and self-respect of a person with disability and are against the
provisions of the Act. They should also
deliberate on ways to ensure that such situations do not occur in future and
extend reasonable accommodations.Besides, the need for creating awareness and
sensitization amongst the officers and staff was indicated which had also been
emphasized by this Court on a number of occasions including vide letter
no.F.1/1759/2017/Admn./Per/CD/12840-12995 dated 13.12.2018 to all the Principal
Secretaries/Secretaries/Heads of Departments.
7. Sh. D.N. Singh, Admin Officer/ HOO vide
letter dated 24.04.2019 informed as under:
“the administration ofGNED with the approval
of Head of the department/ Director GNEC had posted Ms. Monika Dhankhar at the
lightest duty place in OPD area that too only from 08:00 AM to 02:00 PM. This posting order was an evidence of
humanely behavior keeping in view her health issues/ Disabilities.
She was posted suitably
without any intervention from any of the authority including your office and
she was never offended by any of the officer or staff in any manner.
If she desires to apply
for posting in any of the office/ Hospital/ Dispensary etc, in vicinity to her
resident, we will forward her request to the Department of Health & Family
Welfare for posting at the nearest office/ Hospital etc. from her residence on
humanitarian grounds.
In addition to above,
this administration intends to follow all the directions/ guidelines issued by
DOPT or by your office for protection of Rights of persons with Disabilities in
letter and spirit. The copy of relevant
guidelines/ instructions may kindly be provided to this office for its
compliance.
As regards to item 4 of
aforesaid order regarding need for creating awareness and sensitization among
all officers and staff working in this institution, it is stated that the
administration of GNEC will provide suitable place i.e. Auditorium of the
hospital for organizing such awareness program under your esteemed guidance.
Kindly depute any of
the office having expertise for the purpose of sensitization and communicate us
the schedule for the said program”.
8. On the next date of hearing on
08.05.2019, Sh. S.K. Purohit, S.O. and Sh. Raj Kumar appeared. Subsequently Sh. D.N. Singh Admin Officer
also appeared and submitted that as has already been submitted, no derogatory
remarks were made against the complainant.
He personally called the complainant and asked her if she had any
evidence about the derogatory remarks allegedly made by the Director against
her. She could not produce any evidence.Therefore,
there was no need to organize a session.She has been deployed on a soft duty
from 08:00 AM to 02:00 PM at the help desk and she is satisfied with the place
of posting.
9. The concerned administrative
functionaries of Govt. of NCT of Delhi are expected to be aware about the
provisions of the Act, Rules and the provisions made for persons with
disabilities in general and the employees in particular as the office of State
Commissioner for Persons with Disabilities has organized 07 Training workshops
on RPwD Act, 2016 and reservation for persons with disabilities at UTCS after
the Act came into effect and all the establishments were requested to depute
their officers and staff. The
representatives of the respondent were however, informed that as per Para 2.A of
OM no. 36035/3/2013/Estt.(Res) dated
31.03.2014 issued by Department of Personal and Training, each Ministry/
Department of the Government of India, their attached and subordinate offices,
Central Public Sector Enterprises, Cantonment Boards should identify the types
of jobs which could be easily performed by persons with disabilities specially
for Group B, C and D posts where the number of jobs are more. Such persons should preferably be posted to perform
such identified jobs and they be allowed to continue performing such jobs, as
far as possible.Para 2.H of the said O.M provides,as far as possible, the
persons with disabilities may be exempted from the rotational transfer
policy/transfer and be allowed to continue in the same job, where they would
have achieved the desired performance.
The said OM can be accessed from the website of DoPT at www.persmin.nic.in.
10. Rule 14 of the Delhi Rights of Persons with
Disabilities Rules, 2018 requires every Government establishment to appoint a Grievance
Redressal Officer as mandated under Section 23 of the Rights of Persons with
Disabilities Act, 2016. Guru Nanak Eye
Centre has not appointed the Grievance Redressal Officer so far. The respondent is therefore advised to
appoint the Grievance Redressal Officer within 2 weeks from the date of receipt
of this order.
11. The complainant had informed on telephone
that she was on election duty and she had no further submissions to make. However, at the time of the hearing her
telephone was switched off and therefore her brother, Sh. Mohit Dhankhar was
contacted on his given telephone and was requested to advise the complainant to
email if she had any submissions to make failing which the complaint would be
disposed of. No comments/ statement have been received from the complainant
till date. Hence, in the light of the
action taken/ proposed to be taken by the respondent, the compliant is disposed
of.
12. Action taken on the recommendation in para 10 be intimated with
3 months from the date of receipt of this order as required under Section 81 of
the Act.
13. Given under my hand and the seal of the Court this 13thday
of May, 2019.
(T.D.Dhariyal)
State Commissioner for Persons with Disabilities
State Commissioner for Persons with Disabilities
