Showing posts with label Grant of Transport Allowance. Show all posts
Showing posts with label Grant of Transport Allowance. Show all posts

Wednesday, March 20, 2019

Sat Narayan Vs. Managing Director, Delhi Transport Corporation | Case No. 600/1024/2018/11/1388-1389 | Dated: 19.03.2019




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-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. 600/1024/2018/11/1388-1389                Dated: 19.03.2019

In the matter of:

Sh. Sat Narayan
H.No. 141/3, B-Block,
Gali No. 4, Dichaon Enclave,
Nangloi Road, Najafgarh,
New Delhi-110043                                                ................ Complainant

                                           Versus                          
Managing Director,
Delhi Transport Corporation,
DTC Headquarter,
I.P. Estate,
New Delhi-110002.                                               ………...…Respondent

Date of hearing:    13.03.2019

Present:      Sh. Sat Narayan, complainant in person.
                   Sh. Dhirendra Kumar, Depot Manager for respondent.

        
Order

The above named complainant, a person with 80% locomotor disability vide his complaint dated 26.11.2018 submitted that he was working as Assistant Fitter in DTC.  He is struggling to get the transport allowance at double the normal rate.  The Depot Manager has refused to pay transport allowance as per his entitlement.  He requested that he should be paid transport allowance as per his entitlement.  As the complainant had not enclosed his certificate of his disability, he was advised to do so vide letter dated 17.12.2018 which he submitted on 31.12.2018. 
2.       The matter was taken up with the respondent vide notice dated 03.01.2019 under the provisions of the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as ‘Act’ with the direction to submit the version of the respondent within 15 days of the notice. 
3.       As there was no response, a hearing was schedule on 13.03.2019 vide notice dated 11.12.2018. In the meantime, the respondent vide letter dated 07.12.2019 submitted as under:
“Respected Sir,
I am in receipt of your show cause notice case No. 600/10242018/53 dated 03.01.2019 thereby action taken report on the complaint of above named employee of our depot.
In this connection, I would like to submit few lines for your sympathetic consideration please.
1.            That the above named complainant is working in our depot since July 2011 as a A/Fitter in the pay band of 5200 grade pay @ Rs. 2800.
2.            As per handicapped certificate issued from Civil Surgeon, Bhiwani (Haryana) he has been disabled since 07.11.2012 for which his entitlement for T.A. is made according to the Terms of Circular issued by Government of India vide OM No. 21(2)/200/EH(B) dated 29.08.2008 of Sixth Pay Commission and later on our DTC department issued circular vide Admi-1-7(42)/13/217 dated 22.03.17.
Accordingly as per terms and condition of the circular he has since been paid T.A. since 07.11.12 from the date he had been disabled, the details of paid amount are attached herewith as annexure “A” the copies of circular of 6th pay commission and 7th pay commission are also attached at Annexure “B” & “C” for your ready reference please.
In the end, I would say that no payment dues are pending from our side.
With warm regard.

Depot Manager
DTC.D.K. Depot N.Delhi”
          As per the statement enclosed with the reply, an over payment of Rs. 22,032/- has been made to the complainant which is to be recovered.
4.       During the hearing, the representative of the respondent reiterated the written submissions and added that the matter was examined and referred to DTC Head Quarter.  As per the advice/decision of the DTC (HQ), the due drawn statement was prepared.
5.       The complainant submitted that he does not understand the nuisances of the rules but as per the information gathered by him, the employees without disability of the same depot, i.e. DTC, Dichaon Kalan who were getting less pay than him as per Sixth Pay Commission, were being paid the transport allowance at the rate of Rs.1600/-, whereas he has been paid at the rate of Rs. 600/-.  He has submitted a copy of the list of 9 employees who were getting TA as per following table as on 26.10.2017:
“List of employees who are getting TA as on 26.10.2017
S.No.
Name of employee
Design
B.P.
D.A.
T/A
1.         
Sh. Kanwal Singh
T.T.C.
49000/-
1960/-
Rs.7424/-
2.         
Sh. Ranbir Singh
A.T.I.
49000/-
1960/-
Rs.7424/-
3.         
Sh. Rishi Parkash
A.T.I.
50500/-
2020/-
Rs.7424/-
4.         
Sh. Sukhbir Singh
Driver
28400/-
1136/-
Rs.7424/-
5.         
Sh. SatyaParkash
Driver
28400/-
1136/-
Rs.7424/-
6.         
Sh. Devinder Kumar
Cond.
26800/-
1072/-
Rs.7424/-
7.         
Sh. Sant Singh
Fitter
42800/-
1712/-
Rs. 2784/-
8.         
Sh. Ishwer Singh
A/fitter
42800/-
1712/-
Rs. 2784/-
9.         
Sh. Sat Narain
A/fitter
42800/-
1712/-
Rs. 2784/-
Note:   Basic Pay & Dearness allowance-As per VII pay Commission Transport Allowance-As per VIth Pay Commission”
6.       As per the complainant and as confirmed by the representatives of the respondent, the employees at serial no. 4 to 6 were getting less pay than the complainant, but were being paid TA at higher rate.
7.       It is observed that this Court had, before it the similar complaint of Sh. Mir Singh, ATI which was registered as case no 4/1659/2017-Wel./CD and 4/1702/2017-Wel./CD and disposed off vide order dated 20.09.2017.  The operative part of the order is as under:
“6.        In my view, the DTC’s circular dated 22.03.2013 which is the reproduction of the Department of expenditure, Ministry of Finance, OM 21(2)/2008-E-II(B) dated 29.08.2008, provides that an employee below the Grade Pay of Rs. 4200/- who is in receipt of pay below Rs. 7440/- in a pay band, would be entitled to a Transport Allowance of Rs. 600+DA there on in A-1/A Cities.  Clause II of the said circular/OM provides that employees who draw grade pay below 4200/- but drawing the pay of Rs. 7440/- and above in a pay band would be entitled to a Transport Allowance of Rs. 1600+DA thereon in A-1/A Cities.  Since admittedly the complainant who is a person with locomotor disability, was drawing the pay of Rs. 9580/- i.e. above Rs. 7440/-, should have been paid the Transport Allowance at double the normal rate of Rs. 1600+DA thereon w.e.f February, 2009. 
7.         In view of the above, the respondent is advised re-examine the matter and pay the Transport Allowance to the complainant and other similarly placed employees with disabilities accordingly.  If the respondent still has any doubt about the interpretation of the OM dated 29.08.2008 of Ministry of Finance, Department of Expenditure and DTC’s circular dated 22.03.2013, the respondent may get the same clarified from the Finance Department, Govt. of NCT of Delhi/Department of Expenditure, Ministry of Finance expeditiously and take action accordingly.  The claim of the complainant for promotion to the post of Transport Inspector against a reserved vacancy for the persons with disabilities be considered in accordance with the instructions of DOP&T vide their OM No. 36035/3/2004-Estt(Res) dated 29.12.2005 and action taken in the matter be submitted within 3 months from the date of receipt of this order as required under Section 81 of the Rights of Persons with Disabilities Act, 2016.”
8.       While the ratio of the above decision should be followed in this case, the relevant rule position is being reiterated to facilitate timely relief to the complainant. 
9.       As per Department of Expenditure, Ministry of Finance, OM No 21 (2)/2008-E.II(B) dated 29.8.2008, all employees are entitled to transport allowance w.e.f. 01.09.2008 as below:

Employees drawing grade pay of
Rate of Transport allowance per month

In 13 cities classified as A-1/A earlier.
Other places
Grade pay of Rs. 5400 & above.
Rs.3200+DA thereon
Rs.1600+DA thereon
(i)        Grade pay of Rs.4200, Rs.4600 and Rs.4800
(ii)         Those drawing grade pay below Rs.4200 but drawing pay in the pay band equal to Rs. 7440 & above.
Rs.1600+DA thereon
Rs.800+DA thereon
Grade pay below 4200 and pay in the pay band below Rs. 7440.
Rs.600+DA thereon
Rs.400+DA thereon

10.     DTC has adopted the above OM and issued its own office circular no. Admin-I-7(42)/2013/217 dated 22.03.2013.  From the above circular, it is clear that employees who are in the grade pay of less than Rs.4,200/- and whose pay in their respective pay band is also below of Rs.7,440/-, are entitled to a transport allowance of Rs. 600/- p.m. plus DA thereon in A1/A cities.  Those employees who are in the grade pay of less than Rs.4,200/- but are drawing pay equal to Rs. 7440 and above in their respective pay band are entitled to a transport allowance of Rs. 1600/- p.m. plus DA thereon.  As per the copy of the payslip for the month of September, 2013 submitted by the respondent, the pay of the complainant was Rs.14,370/-.  The complainant was in the pay band of Rs. 5200-20200 with grade pay of Rs. 2800/- since July 2011 as per DTC’s letter dated 29.01.2019/07.02.2019.  It is not disputed that employees with disabilities are entitled to transport allowance at double the normal rate.  Therefore, as the pay of the complainant was admittedly more than Rs.7,440/- in the pay band on 07.11.2012, he was entitled to transport allowance at the rate of Rs.3,200/- p.m. plus DA thereon in accordance with clause 2 of the DTC’s circular no. Admin-I-7(42)/2013/217 dated 22.03.2013 with effect from 07.11.2012 which, according to the respondent is the date the complainant’s disability certificate was accepted.  It is also observed that some employees junior to the complainant were getting more transport allowance than him.  This calls for a thorough examination of the payments made to the employees towards transport allowance.  While DTC may take appropriate action on this, payment of transport allowance at double the normal rate to the complainant as per his entitlement should be paid on priority. 
11.     In light of the above discussion, it is recommended that the transport allowance at double the normal rate @ Rs.3,200/- per month plus DA thereon be calculated on priority and paid to the complainant from the date he was entitled to. 
12.     Action taken report on the above mentioned recommendation be submitted to this Court within three months from the date of receipt of this order as required under Section 81 of the Act.
13.     The complaint is disposed off.
14.     Given under my hand and the seal of the Court this 19th day of March, 2019.     


(T.D. Dhariyal)
             State Commissioner for Persons with Disabilities
Encl.:  As above.

Tuesday, May 16, 2017

Nepal Singh Vs. Commissioner, EDMC | Case No. 4/867/2015-Wel./CD/ 516-517 | Dated: 15.05.2017

Case Summary:

Employment – Promotion: Complainant regularized as SwachataKaramchariw.e.f 01.04.2004 vide EDMC office order dated 26.12.2014. He became eligible for promotion to the post of ASI w.e.f 1.04.2012 on completion of 8 years service. As per respondent’s reply dated 23.12.2015, the complainant was not eligible for promotion to the post of ASI in accordance with the recruitment rules notified on 15.05.2013 as the complainant was not having the qualification of 12th pass till April, 2015. The complainant during the hearing submitted that before the recruitment rules dated 15.05.2013, the educational qualification for promotion to the post of ASI was 10th pass, which he had. Therefore, he should have been promoted as ASI before 2015.

Recommendation:If the recruitment rules for the post of ASI before 15.05.2013 provided for 10th     pass as essential qualification, then the complainant be considered for promotion to the post of ASI against a reserved vacancy for persons with disabilities, subject to meeting the eligibility conditions as per the then applicable rules.

Employment – Transportation Allowance: The complainant was certified as a person with locomotor disability. Requested for grant of transport allowance at double the normal rate w.e.f 01.04.2004. Administrative Officer (DEMS) EDMC, issued the office order dated 10.07.2015 for grant of transport allowance at double the normal rate to the complainant w.e.f  23.06.2015.

Recommendation:The office order dated 10.07.2015 is against  the  Ministry of Finance’s OM no.19029/1/78-EIV/B dated 31.8.1978 as amended from time to time. Issue appropriate orders for grant of transport allowance at double    the normal rate  to the complainant w.e.f  01.04.2004 and pay him the arrears.

Rules/Acts/Orders:
Ministry of Finance’s OM no.19029/1/78-EIV/B dated 31.8.1978
--

Order / Judgement: 



The Court of  The 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. 4/867/2015-Wel./CD/ 516-517                       Dated: 15.05.2017

In the mater of :

Sh. Nepal Singh
569, Gali No. 9, Phase IV
Gautam Vihar, Shiv Vihar, Delhi – 110094.            ………...…Complainant
                                                                                                                                                                                                                      Versus
The Commissioner
East Delhi Municipal Corporation
419, Udyog sadan Patparganj Industrial Area, 
Delhi - 110092                                                         ………...…Respondents


Date of hearing:             08.05.2017
Present:                          Sh. Nepal Singh, Complainant

ORDER

              Despite notice of hearing dated 20.02.2017, none appeared on behalf of the Commissioner EDMC on 15.03.2017 to present the case. Even today,  Neither the respondent nor any one on his behalf has appeared not only in this case but also in an other case no which was listed for hearing.  It is also observed with concern that Sh. Pawan Kumar, ASI, Ward-265, in response to the notice of hearing dated 20.02.2017,  has informed that Sh. Nepal Singh  has given an agreement about his complaint. According to the complainant, he signed on the paper regarding some fake complaint. That has nothing to do with his complaint in this court.  A copy of the said bunch of papers is enclosed for appropriate action by the respondent. 

1.     In this case, the following two issues  are involved :

(A )        Promotion of the complainant to the post of ASI against reserved vacancy for persons with disabilities as per instructions of DOP&T vide O.M No.36035/8/89-Estt (SCT) dated  29.11.1989.
              
As per respondent’s reply dated 23.12.2015, the complainant was not eligible for promotion to the post of ASI in accordance with the recruitment rules notified on 15.05.2013 as the complainant was not having the qualification of 12th pass till April, 2015. Therefore he would now be considered for promotion against a vacancy reserved for OH. The complainant during the hearing submitted that before the recruitment rules dated 15.05.2013, the educational qualification for promotion to the post of ASI was 10th pass, which he had. Therefore,  he should have been promoted  as ASI before 2015.  Admittedly, the complainant was regularized as Swachata Karamchari w.e.f 01.04.2004 vide EDMC office order dated 26.12.2014. He became eligible for promotion to the post of  ASI w.e.f 1.04.2012 on completion of 8 years service.

(B)        Grant of  transport allowance at double the normal rate to the complainant w.e.f 01.04.2004.
              
The complainant was certified as a person with  locomotor  disability by the Chief Medical Officer, Meerut, vide certificate no. M/7/CMO/02 dated 27.`11.02. He was regularized as swachata Karamchari w.e.f 01.04.2004. Therefore his request for grant of transport allowance at double the normal rate w.e.f 01.04.2004 is legitimate. It is not understood under which rule or instructions the Administrative Officer (DEMS)  EDMC, issued the office order dated 10.07.2015 for grant of transport allowance at double the normal rate to the complainant w.e.f  23.06.2015. The office order dated 10.07.2015 is against  the  Ministry of Finance’s OM no.19029/1/78-EIV/B dated 31.8.1978 as amended from time to time.
              
In light of the facts mentioned above and the Government instructions, the respondent is advised as under:

   ( i )      If the recruitment rules for the post of ASI before 15.05.2015 provided for 10th     pass as essential qualification, then the complainant be  considered for promotion to the post of ASI against a reserved vacancy for persons with disabilities, subject to meeting the eligibility conditions as per the then applicable rules.
  ( ii )      Issue appropriate orders for grant of transport allowance at double    the normal rate  to the complainant w.e.f  01.04.2004 and pay him the arrears within three month from the date of receipt of this order under intimation to this court.
 ( iii )      Intimate the action taken in the matter within three months from the date of receipt of this order as required under section 81 of the Rights of  Persons with Disabilities Act, 2016.   
  
The matter is disposed of accordingly.

             Given under my hand and the seal of the Court this  15th day of  May, 2017.          

                                                                                      (T.D. Dhariyal )
                                                  Commissioner for Persons with Disabilities