Bimbadhar Sethi Vs. Commissioner(s) NDMC, SDMC & EDMC | Case No. 753/1011/2019/02/6594-6597 | Dated: 11.10.2019

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,

Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

                                       

Case No. 753/1011/2019/02/6594-6597                        Dated: 11.10.2019

In the matter of:

Sh. Bimbadhar  Sethi

Vandematram  Bhawan 

Swasth Kust Rogi Majdoor Punarvash Sangthan

Room No.1 Leprosy Complex Tahirpur

 Shahdara Delhi- 110084                              …………Complainant

Versus

The Commissioner

North Delhi Municipal Corporation

4^th Floor, Dr. S.P.M. Civic Centre

JLN Marg, New Delhi -110002.                 ...........Respondent No.1

The Commissioner                                              

South Delhi Municipal Corporation               

9^th Floor, Dr. S.P.M. Civic Centre                          

JLN Marg, New Delhi -110002.                        .......... Respondent No.2

The Commissioner

East Delhi Municipal Corporation                 

419, Udyog Sadan, Patparganj                    

Industrial Area

Delhi -110096                                                   ............Respondent No.3

Last date of hearing : 04.09.2019

Present:      Sh. K.K. Barman, AO alongwith Sh. Siya Ram for respondent on behalf of North DMC.

                   Sh. Pradeep Kumar, SSA for respondent on behalf of East DMC.        

                   Sh. Yogendra Babu, Liaison Officer on behalf of SDMC.

ORDER

Sh. Bimbadhar Sethi, General Secretary of Vandematram, Swasth Kust Rogi Majdoor Punarvash Sangathan filed a complaint vide letter dated nil, forwarded by the O/o the Minister (Social Welfare, Cooperative, SC/ST/OBC & Gurudwara Election) GNCTD  vide letter dated 12.02.2019 requesting that leprosy cured persons should be appointed against the vacant posts under 4% quota for persons with disabilities in all the three MCDs by conducting special recruitment drive.  The request was based on the contention that often the Corporations did not get enough people to work as Paryavaran Sahayaks and leprosy cured person are willing to work and have also been efficiently doing their job.

2.       The complaint was taken up with the respondents vide notice to show-cause-cum hearing  dated 07.03.2019 under the provisions of Rights of Persons with Disabilities Act, 2016, hereinafter referred to as the ‘Act’.

3.       Suo motu cases had also been registered against the three DMCs which involved filling up the reserved backlog vacancies for persons with disabilities, if any in Group A, B, C & D posts.  It was therefore decided to tag this case with the suo motu cases and common proceedings were conducted. While the complete information with respect to Group A, B & C posts is yet to come, this case can be disposed of based on the submissions made in respect of Paryavaran Sahayaks.  In view of this, the case is being disposed of by a separate order.

4.       After 5 hearings held on 10.04.2019, 07.05.2019, 24.06.2019, 05.08.2019 and 04.09.2019, the submissions of the parties have been summed up as under:

i)       The complainant, besides reiterating his written submissions contended that reservation for leprosy cured persons was not provided at the time of engaging daily wage Safai Karmacharis (Paryavaran Sahayak).  If that was so, then reservation should be provided while regularising the services of daily wage Paryavaran Sahayaks. 

ii)      North DMC—

(a)     North DMC contended that they filled up 5,851 vacancies in Group D posts by direct recruitment since 1996. Out of them, 160 were with locomotor disability. Thus, there is no backlog of reserved vacancies for persons with locomotor disability. Further, 124 out of 160 persons with locomotor disability were leprosy cured persons as Paryavaran Sahayaks which alone is more than 1% of the total vacancies.  Therefore, there is no backlog of reserved vacancies for locomotor disability or leprosy cured persons in the post of Paryavaran Sahayak. 

(b)     After preparation of rosters, the backlog reservation in respect of VI and HI will have to be filled.

(iii)    SDMC—

(a)     The information prior to 2012 has to be given by North DMC. After trifurcation of the MCD in 2012, SDMC appointed 448 daily wages Safai Karamcharis in 2015.  Out of them, 6 were persons with disabilities as against 14 at the rate of 3%.  Thus, there is a backlog of 8 vacancies for persons with disabilities against 448 persons appointed as daily wages Safai Karamcharis. 

(b)     In compliance with the directions of this Court, the representatives of SDMC on 04.09.2019 submitted a copy of note-sheet dated 02.09.2019 as per which the Additional Commissioner (DEMS), SDMC has approved engagement of 8 Safai Karamcharis in Group D posts to fill up the backlog reserved vacancies for persons with disabilities.   

iv)      EDMC—

(a)     The backlog against the vacancies filled since 1996 has to be provided by North DMC.  Against a sanctioned strength of 13000 posts of Paryavaran Sahayaks, the EDMC already has 18000.  Therefore, there are no vacancies against which leprosy cured persons can be appointed.  However, EDMC will ensure reservation of 4% vacancies for persons with benchmark disabilities against the future vacancies that may be filled. 

(b)     EDMC has not done any recruitment of Safai Karamcharis after 2012 other than on compassionate ground.  Existing daily wage employees are being regularized against the vacancies in the sanctioned posts. 

(c)     As regards provision of reservation at the time of regularisation, it has been submitted that leprosy cured persons were engaged as daily wage Paryavaran Sahayaks by the unified MCD against the vacancies reserved for persons with disabilities.  The regularisation of daily wagers is being done in phased manner policy of MCD prevailing since 1988.  It is therefore difficult to consider reservation for persons with disabilities/leprosy cured persons at the time of regularization.

5.       In light of the submissions of the parties, the following recommends are made:

i)             North DMC should provide the information with regard to the vacancies filled in Group D posts before trifurcation of unified MCD so that SDMC and EDMC can compute the reserved vacancies and fill up the backlog, if any.

ii)            SDMC should expedite filling up the 8 vacancies of Paryavaran Sahayaks and complete the process within 3 months from the date of receipt of this order.  The complainant may advise the eligible leprosy cured persons to apply in response to the recruitment notice.

iii)          If any of the DMCs is not able to fill the vacancies of Paryavaran Sahayaks by persons with visual impairment/ hearing impairment/other disability for which the posts are identified, they should consider appointing eligible leprosy cured persons.

6.       The complainant is disposed of.

7.       Given under my hand and the seal of the Court this 11^th day of October, 2019.

     

                                                                           (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Pirappa S/o Sh. Hemlappa Vs. North Delhi Municipal Corporation | Case No. 4/511/2013-Wel/CD/3907-10 | Dated 17.01.2018

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. 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,

4^th 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,

4^th 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 17^th  day of January,2018.     

( T.D. Dhariyal )

State Commissioner for Persons with Disabilities

Suo motu Vs. Commissioners | Case No. 4/520/2013-Wel/CD/ 326-329 | Dated: 09.05.2017

Case Summary:

Employment: Complainant raised the issues of regularization of leprosy cured daily wager safaikarmacharis and the appointment of leprosy cured persons against the 3% reserved vacancies for persons with disabilities. After a course of communications with the respondents, NDMC reported regularizing all the pending cases, while EDMC and SDMC reported that the regularization process was under progress. Complainant expressed concern over the long time the process has taken. In response, the Court recommended that SDMC and EDMC are requested to do the needful by 31 May 2017.

Order / Judgement: 

 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. 4/520/2013-Wel/CD/  326-329                                   Dated: 09.05.2017

Case No. 4/1110/2015-Wel/CD/

In the matter of:

Suo Motu

                                                                          Versus

Commissioner,

North Delhi Municipal Corporation,

4^th Floor, Dr. SPM Civil Centre,

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

Commissioner,

South Delhi Municipal Corporation,

9^th Floor, Dr. SPM, Civil Centre,

JLN Marg, New Delhi.                                                                .......Respondent No.2

Commissioner

East Delhi Municipal Commissioner,

419, Udyog Sadan Patparganj Industrial Area,

Delhi.                                                                                          ...…Respondent No. 3

 

Case No. 4/1170/2015-Wel/CD/

Sh. Bimbadhar Sethi, General Secreatary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan Vs Commissioner, North DMC.

Case No.4/1171/2015-Wel/CD

Sh. Bimbadar Sethi,  General Secreatary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan Vs Commissioner, SDMC & EDMC.

Date of hearing:            08.05.2017

Present:        Sh. Bimbadhar Sethi, General Secretary, Sh. Akela Anand, Chairman,Indrajeet, Member on behalf of Vande Matram Swasth Kusht Rogi Majdoor Punarvash Sansthan, on behalf of Complainant.

                 

Sh. Rambir Singh SO, Jasvinder Kumar, UDC on behalf of DEMS/North Delhi Municipal Corporation  and  Sh. G.S. Pandey, LDC on behalf  of  DEMS/  South Delhi Municipal Corporation.

         

ORDER

                 

Shri Bimbadhar Sethi, Secretary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan  in his letters dated 12.08.2013 (two letters)  raised the following issues:-

(i)            Regularisation of 286 Leprosy Cured Daily Wager Safai Karamcharis; and

(ii)          Appointment of Leprosy Cured Persons in the Municipal Corporations against 3% reserved vacancies for persons with disabilities.

2.     The Office of the Commissioner for Persons with Disabilities took the suo-motu cognizance of the matter and took up with the respondents vide letter dated 19.09.2013.  Subsequently, Ex-MLA, Sh. Vir Singh Dhigan also brought the above issues to the notice of Commissioner for Persons with Disabilities.  Sh. Bimbadhar Sethi filed two more complaints on the same issue. 

3.   After a series  of  exchange   of  communications  with   the     three Municipal Corporations namely North Delhi Municipal Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation and a number of hearings, the North Delhi Municipal Corporation (NDMC) vide letter dated 20.01.2017 informed that all the 74 Leprosy Cured D/W SKs of NDMC engaged upto 31.12.2003 had been regularised as per policy approved by the Competent Authority. As on January, 2017, there was no pending case for regularisation. 

4.  The East Delhi Municipal Corporation (EDMC) vide letter dated 8.01.2017 informed that a proposal for regularisation of services of 36 Leprosy Cured D/W SKs had been put up for consideration and adoption of the House of EDMC.  They will be regularised after the proposal is approved by the House. 

5.  Similarly, the South Delhi Municipal Corporation (SDMC) vide letter dated 07.12.2017 informed that 23 Leprosy Cured D/W SKs are awaiting regularisation and the process for their regularisation has been initiated. 

6.    During the hearing on 08.05.2017, Sh. Bimbadhar Sethi confirmed the number of Leprosy Cured Persons awaiting their regularisation  as mentioned above.  However, he and the accompanying persons were concerned about the long time that the process has taken. They further raised the issue of appointment of more Leprosy Cured Persons against the quota of reserved vacancies.  They further pointed out that those who were engaged as daily wagers after 31.03.2003, are proposed to be regularised from the current date, which  will amount to discrimination.

7.    The representative of NDMC and SDMC reiterated their written submissions and clarified  that the decision about the date of regularisation is  taken at the Corporation’s level. 

8.     As the complaint for regularisation of services of the Leprosy Cured D/W SKs is pending since 2013, the SDMC and EDMC are directed to do the needful by 31^st May 2017 and submit a report by 2^nd June, 2017.

9.      As identical issues are involved in Case No. 4/1110/2015-Wel/CD, Case No. 4/1170/2015-Wel/CD & Case No.4/1171/2015-Wel/CD and the parties are also the same, the said cases also stand disposed of in terms of this order.

10.   The question of the date of regularisation of those who were engaged as daily wagers after 31.03.2003 is the subject matter of another case No. 4/1481/2016/Wel/CD and will be dealt separately.

           The matter is disposed of accordingly.

           

            Given under my hand and the seal of the Court this 9^th  day of May,2017.     

(T.D. Dhariyal )                                             

  State Commissioner for Persons with Disabilities