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
(Vested with powers of Civil
Court under the
Rights of Persons with
Disabilities Act, 2016)
Case
No. 4/511/2013-Wel/CD/3907-10 Dated
17.01.2018
In
the matter of:
Sh. Pirappa S/o
Sh. Hemlappa,
H.No. 65, WU
43/12, Jagat Mata Khushta Ashram,
Tilak Nagar, New
Delhi-110018. …………..Complainant
Versus
The Director In Chief(DEMS),
North Delhi Municipal Corporation,
Dr. SPM Civic Centre,
New Delhi-110002. ……….Respondent
Case
No. 4/1324/2016/Wel/CD
In the matter
of:
Sh. Pirappa S/o
Sh. Hemlappa,
H.No. 65, WU
43/12, Jagat Mata Khushta Ashram,
Tilak Nagar, New
Delhi-110018. …………..Complainant
Versus
The Director in
Chief (DEMS),
North Delhi
Municipal Corporation,
4th
Floor, Dr. S.P.M. Civic Centre,
New
Delhi-110002. …………….Respondent
Case No. 4/1481/2016-Wel/CD
In the matter of :
Sh. Bimbadhar
Sethi,
General
Secretary,
Vandemataram
Swasth Kust Rogi Majdoor Punarvash Sangathan,
Vandematram Bhawan,
Room No. 01,
Leprosy Complex,
Shahdara,
New
Delhi-110095. ….Complainant
Versus
The
Commissioner,
North Delhi
Municipal Corporation,
4th
Floor, Dr. SPM Civic Centre,
New
Delhi-110002. …..
Respondent
Date of Hearing
: 11.01.2018
Present: Sh. Pirappa,
Sh. Bimbadhar Sethi, Akela Anand & Indrajeet
Kumar for Complainant
Sh. Ramider Singh, A.C. (DEMS),
Sh. J.P. Kaushik, SSA.
ORDER
The
issue involved in the first case of Sh. Pirappa has since been resolved; but
order has not been passed. In the next
two cases the issues involved and the respondents are the same and therefore,
all the three cases are being disposed of by a common order.
4/511/2013-Wel/CD
Sh.
Pirappa, a leprosy cured person in his complaint which was forwarded by Dr.
Brahm Dutt, President, Federation of Leprosy Organizations submitted that he
was working in South Delhi Municipal Corporation (SDMC) as Safai Karamchari
since 27.05.2003. 39 Safai Karamcharis
who joined almost the same time had been regularized. However, he had not been regularized.
2. The
matter was taken up with SDMC and after exchange of a number of correspondences,
the complainant was regularized w.e.f. 03.11.2015.
Case No. 4/1324/2016/Wel/CD
3. Vide his another complaint, Sh. Pirappa
submitted that he had not been paid the outstanding dues from the year 2003 to 2015. Subsequently, vide his letter dated 08.06.2017, the complainant submitted
that while others were regularized from back date, he was regularized from the
current date. He, therefore, requested
that he should be regularized from 2004 and should be paid the salary
accordingly.
4. The
matter was taken up with the respondent vide notice dated 31.07.2017.
Case
No. 4/1481/2016-Wel/CD
5. The
complainant vide his complaint dated 26.11.2015 submitted that the North Delhi
Municipal Corporation (North DMC) was regularizing the leprosy cured daily
wager Safai Karamcharis from the current date instead of 01.04.2006, which was
unjustified. He requested that the
leprosy cured Safai Karamcharis should be regularized w.e.f. 01.04.2006 so that
they can get the seniority and financial benefits.
6. The
complaint was taken up with the respondent vide communication dated 23.12.2016
followed by reminders. A number of
hearings were also held alongwith other
cases namely 4/520/2013, 4/1110/2015, 4/1170/2015 & 4/1171/2015. Those
cases were disposed off vide a common order dated 09.05.2017 as the question
therein was regularization of the services and reservation of 3% vacancies. In
Para 10 of that Order it was mentioned that this case would be dealt separately
as it involved the question of date of regularization of those who were engaged
as daily wagers after 31.03.2003, which was also the subject matter of case No.
4/1481/2016/Wel/CD. Vide RoP
Dated 16.08.2017 in Case No. 4/1324/2016-Wel/CD, it was observed that it
would amount to discrimination if the
leprosy cured persons who were engaged as Daily Wager Safai Karamcharis from
01.04.2003 onwards were not regularized either from 01.04.2006 or
01.04.2007. The RoP dated
16.08.2017 is reproduced below:
“The
complainant submitted that he was engaged as a daily wager as safai karamchari
under physically handicapped quota vide the then MCD’s letter dated
28.04.2003. He joined on 27.05.2003. He was regularised in the post of Swachta
Karamchari w.e.f 11.10.2015. On the
other hand 153 leprosy cured persons who were engaged as Safai Karamcharis on
or before 31.03.2003, were regularised w.e.f. 01.04.2006 vide orders issued on
different dates. The persons who were
engaged as daily wager safai karamcharis after 31.03.2003 including the
complainant, are being regularised with immediate effect i.e. the date of issue
of the office order by the concerned MCD.
Since he was also appointed under the same policy of MCD against the
quota of persons with disabilities, he should not be treated differently from
those who were appointed on or before 31.03.2003. Therefore, he should also be regularised
w.e.f. 01.04.2006.
2. The representatives of the respondent
submitted that the leprosy cured persons who were engaged as Safai Karamcharis
against the quota of persons with disabilities on or before 31.03.2003 were
regularised from a fixed date i.e. 01.04.2006 alongwith other daily wagers with
the approval of the then Commissioner, MCD.
The decision to regularise the leprosy cured daily wagers engaged
against the quota of persons with disabilities after 31.03.2003, was taken
under the resolution of North Delhi Municipal Corporation No. 68 date
16.06.2015, which reads as under:- “Resolved that as proposed by the
Commissioner in his letter No. F.33/DEMS/NDMC/26/C&C
dated 16.04.2015 and recommended by
the Standing Committee vide its Resolution No. 15 dated 27.05.2015, approval for regularisation of services of 74
Leprosy Cured Daily Wager Swacchchhata
Karamcharies of EMS Deptt., North
DMC, as detailed in the aforesaid letter, be accorded”.
Year
of engagement
|
Due
date for regularization
|
01.04.1994
to 31.03.1996
|
01.04.2003
|
01.04.1996
to 31.03.1998
|
01.04.2004
|
01.04.1998
to 31.03.2000
|
01.04.2005
|
01.04.2000
to 31.03.2003
|
01.04.2006
|
3. In
view of the above, being a policy decision duly approved by the Corporation, no
other date can be assigned for regularisation of the said 74 leprosy cured
daily wager Safai Karamcharis, including the complainant. Any such matter relating to the Safai
Karamcharis is dealt with by the Labour Welfare Department of the Corporation
in consultation with the Law and Finance Department.
4. It
is observed that the leprosy cured persons were engaged as daily wager Safai
Karamcharis in the then MCD under the provisions of the same legislation i.e.
Persons with Disabilities Act, 1995.
Therefore, it is logical that those who were engaged after 31.03.2003
are also regularised on the same principles as in respect of those who were
engaged on or before 31.03.2003. The
later were regularised in the following sequence:
5. It would therefore be reasonable to
consider the leprosy cured persons who were engaged as daily wager Safai
Karamcharis from 01.04.2003 onwards for regularisation either from 01.04.2006
or 01.04.2007. Otherwise the
discrimination against them appears apparent.
6. In the light of the above, the respondent
is advised to consider the complainant and similarly placed other leprosy cured
Safai Karamcharis for their regularisation in the manner stated above. Action taken in the matter may be intimated
within 3 months from the date of receipt of these proceedings. A copy of these proceedings is being marked
to Additional Commissioner (Labour), North Delhi Municipal Corporation for
consider expeditious action within the time frame indicated above”.
7. On
the next date of hearing on 11.01.2018, the representatives of the respondent
submitted that in compliance with the directions of this Court vide RoP dated 16.08.2017,
a proposal for recommendation of the Additional Commissioner (Labour), North
DMC for fixing the effective date for regularization of the services of Sh.
Pirappa and other similarly placed Leprosy Cured Daily Wager Safai Karamcharis
who were engaged after 31.03.2003 in the zones was prepared and sent to
Additional Commissioner (Labour). The Additional Commissioner (Labour) though
agreed in principal, yet did not specify the effective date for
regularization. The file was then
referred to the Law Department of North DMC for legal opinion. That Department advised
that the effective date should be decided by the Additional Commissioner
(Labour).
8. They
further stated that North DMC has drafted a preamble for seeking approval of
the House of the Corporation and the file has been submitted. However, the effective date of regularization
is to be recommended by the Additional Commissioner (Labour) and to be approved by the House.
9. Sh.
Bimbadhar Sethi, the complainant in case No. 4/1481/2016-Wel/CD submitted that
all the 286 Leprosy Cured Daily Wager Safai Karamcharis were selected for
engagement by common and single decision.
Merely because the date of joining of some of them happened to be a few
days later than 31.03.2003, they should
not be denied the benefit that their counterparts who joined before 31.03.2003
were given. As all of them joined in the
year 2003, they should be regularized w.e.f. 01.04.2006 irrespective of
whether they joined before or after 31.03.2003.
10. As
already observed in Para 4 of the RoP dated 16.08.2017, the respondent
regularized the daily wager safai karamcharis from the 1.04.2003, 01.04.2004, 01.04.2005
& 01.04.2006. The next date in the sequence, if required can justifiably be
01.04.2007. If the complainants in these cases or any other leprosy cured
persons who were engaged as daily wager safai karamcharis in the three Municipal
Corporations are not given the same treatment as their counterparts who joined
on or before 31.03.2003, it prima facie would
amount to discrimination against a particular group of Leprosy Cured Daily
Wager Safai Karamcharis. As the matter
is hanging fire for a very long period of time, respondent should expedite the decision in the
matter so that the discrimination is not prolonged. It is once again recommended that the Leprosy
Cured Daily Wager Safai Karamcharis who were appointed after 31.03.2003 be
regularized w.e.f. 01.04.2006 or
01.04.2007 within a period of three months from the date of receipt of this
order. The respondent is further advised
to direct the concerned officers to coordinate with the Additional Commissioner
(Labour) for whose recommendation the
final decision is stated to be held up and ensure an expeditious decision so
that the complainants and similarly
placed Leprosy Cured Daily Wager Safai Karamcharis are not subjected to
discrimination and deprivation of their legitimate rights. Action taken
on the recommendation be intimated to this Court 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.
11. The complaints are disposed off.
12. Given under my hand and the seal of the
Court this 17th day of January,2018.
( T.D. Dhariyal )
State Commissioner for Persons
with Disabilities
