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.
4/1657/2017/Wel./CD/ 2576-77 Dated: 03.11.2017
In the matter of:
Sh. Madan Mohan
Tiwari
H.
No.-B/206, DDA MIG Flats,
East
of Loni Road,
Shahdara,
Delhi-93 ................
Petitioner
Versus
The Director,
Directorate of
Education,
Old
Sectt. Delhi-110054
………...…Respondent
Date of hearing:
17.10.2017
Present: None for the complainant
None for the respondent
ORDER
The above named complainant,
a person with blindness submitted a complaint dated 08.05.2017 alleging that he
has not been provided his post retirement benefits and not considered for reemployment.
The complaint was taken up with the
respondent vide a notice dated 03.08.2017 with direction to submit ATR within
30 days.
2. As
the response was not received, a hearing notice was issued vide notice dated 18.09.2017
for appearing before the State Commissioner on 17.10.2017. In the mean time, the respondent vide letter No.1563
dated 21.09.17 submitted that the benefits of retirement on account of GPF and
Gratuity & pension commutation had been released to the complainant in the
month of May & June 2017. Payment on
account of leave encashment had been processed and the same was pending with
PAO-IX since id: 9.2017.CGEGIS payment bill was to be signed by the
complainant. An email had been sent to him
to do the needful.
3. The
respondent further stated that the complainant’s claim for reemployment cannot
be acceded to as a recordable warning was issued to him. The respondent also submitted a copy of
notification F.30-3(28)Co-ord./Edn./Vol.II/2006/2387-2407 dated 24.09.2013
regarding reemployment of staff, Directorate of Education. Clause (c) of the said notification provides
as under:
“Re-employment of teachers will not be
automatic and will be subject to their being found to be suitable in all
respects. Suitability will be determined
on the basis of their performance reports/annual confidential report, work and
conduct certificate and integrity certificate and on their being declared
medically fit.”
4. The
complainant was neither present nor did he submit any rejoinder.
5. It
is expected that the complainant has received all his retirement benefits by
now. However, if any of the payments due
to him is pending, the same may be released on top priority in any case within
07 days of receipt of this order by the respondent. In case of non-receipt of the payment, the
complainant may inform this court within 07 days of receipt of this order. No direction as to the reemployment of the
complainant is called for in view of the clause (C) of the notification dated
24.09.2013 reproduced above.
6. The
complaint is disposed of accordingly.
7. Given
under my hand and the seal of the Court this 03rd day of November, 2017.
(T.D.
Dhariyal)
State
Commissioner for Persons with Disabilities
