Ajay Kumar Vs. North Municipal Corporation | Case No. 4(682)/2014-Wel/CD/3933-34 | Dated: 22.01.2018

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(682)/2014-Wel/CD/3933-34                  Dated: 22.01.2018

In the matter of:

Sh. Ajay Kumar,

S/o Sh. Dharam Pal Singh

Aashirwad Apartment,

A-31, Plot No. 11, Sector-12,Dwarka,

New Delhi-110078.                                                .……… Complainant     

                                                                     Versus

The Commissioner,

North Delhi Municipal Commissioner,

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

New Delhi-110002.                                                     …...…Respondent

        

ORDER

              The above named complainant, a person with 40% locomotor disability vide his complaint dated 13.06.2014 received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 08.07.2014 alleged denial of promotion from the post of Section Officer (Horticulture)  to the post of Assistant Director (Hort.), a Group B post against a reserved vacancy for persons with disabilities.  

2.           The matter was taken up with the respondent vide communication dated 01.08.2014.  After a number of correspondence and hearings, the respondent informed that in light of the DoP&T’s OM No. 36035/3/2004-Estt.(Res.) dated 29.12.2005, the complainant was not covered for promotion under the quota reserved for persons with disabilities. DoP&T to whom a reference was made, also informed that the matter of reservation for persons with disabilities in case of promotion from Group-C to Group-B or within Group-B was under examination in consultation with the Department of Legal Affairs, Ministry of Law & Justice vide their letter dated 09.01.2015. The respondent vide letter dated 05.02.2015 also informed that a speaking order will be passed on receiving a reply from the DoP&T. 

3.           The complainant was directed to submit his comments, if any within 15 days on the response of the respondent vide letter dated 06.12.2017 failing which it would be presumed that he had nothing to say in the matter and the case would  be treated as closed and disposed off. So far,  no comments from the complainant have been received.

4.           In view of the above and the fact that as per DoP&T’s instructions as on date, there is no reservation for persons with disabilities in promotion to Group-B and Group-A posts, the complaint is closed and disposed of accordingly.

5.           Given under my hand and the seal of the Court this 22^th day of January, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Awadesh Kumar Prajapati Vs. Dte of Education | Case No. 4/ 1649/2017 -Wel/CD/ 2447-48 | Dated: 27.10.2017

Case Summary:

Awadesh Kumar Prajapati Vs. The Director, Director of Education

Employment: Complainant submitted that he has not been considered for promotion from TGT to PGT despite seniority No. of 3949 while his colleague with seniority No. 4007 has been. Respondent submitted that the other TGT was under SC category and the last seniority number in the zone of consideration under SC category was 4591. The Complainant comes under General category and the last seniority No in that category is 3316. In addition, it was noted that there is no reservation for persons with disabilities in Group-A & B posts. The position was explained to the complainant and the complaint was accordingly disposed of. 

 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/ 1649/2017 -Wel/CD/ 2447-48                                  Dated: 27.10.2017

In the matter of:

Sh. Awadesh Kumar Prajapati,

R/O-D-4, Delhi Admn. Flats,

Model Town-I, Delhi-110009.                                                        .……… Complainant     

                                                                          Versus

The Director,

Directorate of Education,

Old Sectt., Delhi-110054.                                                                     …...…Respondent

 

Date of hearing:            17.10.2017

Present                           None on behalf of complainant.

                                        Ms. Shakti Singh, Suptd. on behalf of Respondent.

            

ORDER

                The above named complainant, a person with blindness vide his complaint dated 06.05.2017 submitted that he is working as TGT(Hindi) in Govt. of NCT of Delhi.  His Seniority No. is 3949 as per Circular dated 27.04.2011 but his name has not been considered for promotion to PGT (Hindi).  Whereas Sh. Darvesh Kumar, TGT (Hindi) with Seniority No.  4007 has been kept at Sl.No. 165 for promotion.

2.      The complaint was taken up with the respondent vide letter dated 27.07.2017. As no response was received, a hearing was scheduled on 17.10.2017.  In the meantime Directorate of Education vide letter dated  21.09.2017 informed the complainant with a copy to this Court that Sh. Darvesh Kumar was appointed as TGT (Hindi) and was allotted Seniority No. 4007 under SC category. The last Seniority number in the zone of consideration for PGT (Hindi) in SC category is 4591. Therefore, the name of Sh. Darvesh Kumar with Seniority No. 4007 exists in the consideration zone. On the other hand, the Seniority number in the consideration zone for PGT (Hindi) in general category is 3316. Since the complainant is at Seniority No. 3949, his name does not exist in the consideration zone for promotion for the year 2015-16.

3.      During the hearing, the representative of the respondent also stated that the position has explained to the complainant and if he still has some doubts, he can contact the concerned officer (Sh. Shakti Singh, Superintendent).

4.      As the complainant was not present during the hearing, he was contacted on telephone on 23.10.2017.  He confirmed the receipt of  letter dated 29.09.2017.  He further stated that the Notice of hearing dated 18.09.2017 was not received by him though the same was not received back in this Court undelivered.

5.      In addition to the position mentioned in the letter dated  21.09.2017 of the respondent, it was clarified to the complainant that as per existing instructions of DoP&T, Govt. of India which are applicable to the employees of Govt. of NCT of Delhi, there is no reservation for persons with disabilities in promotion to Group-A and Group-B posts.  As PGT (Hindi) is a Group-B Post, the complainant would have to be considered alongwith his vertical category counterparts i.e. those belonging to general category for promotion to the post of PGT(Hindi). Since no person junior to him has been included in the consideration zone list as per him, no discrimination has been meted out to him.  The complainant confirmed that he has understood the position as explained to him.

6.      In the light of the above position, the complaint is disposed of.

          Given under my hand and the seal of the Court this 27^th day of October,  2017.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities