Sanyogeeta Vs. Pr. Secretary, Department of Health & Family Welfare | Case No. 55/1014/2017/12/7570-71 | Dated: 31.05.2018

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. 55/1014/2017/12/7570-71               Dated: 31.05.2018

In the matter of:

Ms. Sanyogeeta,

H.No. 501, Nangal thakran,

Delhi – 110 039                                                     ……….Complainant            

Versus

The Pr. Secretary,

Department of Health & Family Welfare,

9^th Level, Delhi Secretariat,

New Delhi – 110 002.                                          …………Respondent

          Present:              Complainant on telephone

                                     

                                      Sh. Neeraj Acharya,

                                      Dealing Asstt. on behalf of respondent

          Date of hearing:    30.05.2018

ORDER

      The above named complainant, a person with more than 90% locomotor disability vide her complaint dated nil received on 05.12.2017 submitted that she applied for the post of Public Health Nurse (PHN), Post Code 39/14 under PH category under Roll No. 83000155.  She was also in the merit list of DSSSB and was first rank holder. She further submitted that out of 70 candidates, 61 candidates have already joined and the remaining 9 candidates have not been given the offer of appointment whereas verification of documents has already been completed.  She requested that she should be allowed to join from the date the other candidates joined so that she gets the other connected benefits like promotion, increment etc. on equal basis with others.

2.    The complaint was taken up with the Delhi Subordinate Service Selection Board (DSSSB) vide notice dated 19.12.2017 followed by reminders dated 29.01.2018 and 13.02.2018 and a hearing on 28.03.2018.  During the hearing, the complainant submitted that her dossier was forwarded to the Department of Health & Family Welfare.  She visited that department multiple times and also submitted a number of representations.  However, neither she has received any response nor the offer of appointment.

3.    Sh. Ashish Mohan, Joint Secretary and Sh. Manish Jain, Dy. Secretary, who appeared on behalf of DSSSB, submitted a report dated 26.03.2018.  As per the said report, the complainant having Roll No. 83000155 has been provisionally selected for the post of Public Health Nurse under the post code 39/14.  Her dossier had also been forwarded to User Department i.e. Health and Family Welfare Department, GNCT of Delhi on 24.07.2017.  They have also received the acknowledgement for the same from that Department.  Therefore, the DSSSB has no role to play in this matter anymore.  In view of this, DSSSB was removed from the array of respondents and Principal Secretary (Health & Family Welfare), GNCT of Delhi was impleaded as respondent and was directed to submit by 30.04.2018  para-wise comments on the complaint and reasons as to why the complainant had not been allowed to join the post of Public Health Nurse, subject to the complainant completing the necessary formalities and the matter was scheduled for hearing on 10.05.2018.

4.    As none appeared on behalf of the respondent, Pr. Secretary (Health & Family Welfare) was requested to look into the matter personally and have the version of the Department submitted by 21.05.2018 so that the complaint could be disposed off.  The complainant deposed on telephone and requested for an early action.

5.    On the next date of hearing on 30.05.2018, the representative of the Department of Health & Family Welfare submitted a letter dated 30.05.2018 as per which, the matter is subjudice before the Hon’ble CAT as an application filed by Sh. Sagar Kumar & Others is pending in the Hon’ble CAT.  The next date hearing in that case is 17.07.2018.  It has further been mentioned that Ms. Sanyogeeta, the complainant in this case has also filed a case before the Hon’ble CAT vide O.A. No. 4176/2016 and hence this case is also subjudice and the next date of hearing is 06.07.2018 and therefore the Department will act as per the directions of the Hon’ble CAT.

6.    The complainant was informed about the contents of the letter dated 30.05.2018 of the respondent on telephone.  She confirmed that she has filed O.A. No. 4176 of 2016 before the Hon’ble CAT.  However, she did not mention it in the complaint, which she should have done.

7.    The representative of the respondent informed that appointment of some candidates recommended by DSSSB including the complainant, have been held up as the Hon’ble CAT has directed that Sh. Sagar Kumar & Others who are contractual Public Health Nurses, shall not be removed from the service till further orders.

8.    As the matter is subjudice before the Hon’ble CAT, it will not be appropriate to continue the proceedings in this court, However, the complainant as well as the respondent are advised to inform the Hon’ble CAT on the next date of hearing about the fact that the complainant has been appointed against a reserved vacancy for persons with disabilities.

9.    The complaint is disposed off.

10.   Given under my hand and the seal of the Court this  31^st  day of May, 2018.    

(T.D. Dhariyal)

State Commissioner for Persons with Disabilities

Sh. B.G. Sarkar Vs. The Manager, Union Bank of India | Case No. 57/1111/2017/12 | Dated: 27 Aug 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. 57/1111/2017/12/ 16867-70                                          Dated: 23.04.2018

In the matter of:

Sh. B.G. Sarkar(H/o)

Ms. Sulata Sarkar

D-370, Indra Park

Najafgarh, Delhi-110043                                      ................ Complainant

                                          Versus                         

The Manager,

Union Bank of India

RZ-26, Roshan Mandi,

Najafgarh, Delhi-110043                                       ………...…Respondent

Date of Hearing: 12.04.2018

Present:     Mr. B.G. Sarkar, on behalf of Complainant.

Sh. Sanjay Kumar Gupta, Branch Manager and Sh. Manish Lamba, SWO ‘A’, on behalf of the Respondent.

ORDER

          The above named complainant vide his complaint  dated 09.11.2017 submitted that his wife Smt. Sulata Sarkar, a person with 40-70% moderate disability had closed her Savings Bank Account No. 697502010001211 in Union Bank of India Branch, Najafgarh on 11.04.2017 and opened a Savings Bank Zero Balance facility account No. 697502010010498 in the same branch on 06.03.2017.  As the bank did not link the said new zero balance account to Aadhaar, she did not get the enhanced disability pension @Rs. 2500/- per month.  He requested that this bank be directed to pay compensation of Rs. 10,000/- to his wife.

2.      The complaint was taken up with the respondent vide notice dated 27.12.2017.  The respondent Bank vide letter dated 08.01.2018 submitted that the saving account 697502010001211 of Mrs. Sarkar was opened on 29.08.2013 and the Aadhaar was immediately linked after receiving the same on 27.04.2015.  During this gap the customer did only two cash deposit transaction with the bank and did all the withdrawals through ATM only.  She had also not maintained minimum balance in the account.  She had not approached the bank with any other transactions.  Later on when she approached the Bank for Aadhaar inquiry in her saving account, she was informed that it had already been done. She was also asked that if any Department had any issue with not linking of Aadhaar with her account, then she should provide the Bank a soft copy of the communication.  But still she did not provide any letter and closed her account.  She again requested to open another saving account with zero balance which was opened on 06.03.2017 and linked it to Aadhaar on 11.04.2017 after de-linking Aadhaar from the previous account.  It has further been stated that Smt. Sulata Sarkar requested to transfer the account to Dwarka Branch Accordingly, her saving account was transferred on 12.09.2017.  During all the said processes, she was not harassed and the Bank tried its best to co-operate.

3.      Vide his rejoinder dated 24.01.2018, the complainant informed that he is not satisfied with the reply of the bank and a hearing should be scheduled.  Subsequently vide letter dated 05.03.2018, the complainant also inter-alia requested that compensation of Rs. 20,000/- should be paid to his wife Smt. Sulata Sarkar.

4.      During the hearing on 12.04.2018, Sh. Sanjay Kumar Gupta, Branch Manager submitted a letter dated 11.04.2018 which reiterated the submissions vide letter dated 08.01.2018.  He also produced the e-mails exchanged between the central office and the Najafgarh Branch of the Bank about linking of account number 473481004228 of Smt. Sulata Sarkar to her Aadhaar.  Sh. Gupta explained that, the old account of Smt. Sulata Sarkar was already linked.  The new zero balance account no. 697502010010498 which was opened on 06.03.017 had been linked with Aadhaar on 11.04.2017.  The said account was transferred to a Dwarka Branch of the same bank as per the request of the account holder.  As per him, there was no delay in linking the Aadhaar of Smt. Sulata Sarkar with her new account and the bank is not responsible for delay in release of enhanced pension.  The e-mail dated 25.09.2017 of the Department of Social Welfare that the account of Smt. Sulata Sarkar had not been linked to her Aadhaar, was replied to and she was informed that the said account had been linked as per bank records.

5.      From the records made available by the parties, it appears that there was a communication gap between the Department of Social Welfare and the Najafgarh Branch of the Bank which was further complicated due to transfer of the account from Najafgarh Branch to Dwarka Branch around the same time.

6.      It has been observed that a number of beneficiaries with disabilities of social security are facing hardships due to issues concerning linking of their Aadhaar to their bank accounts.  In view of this, Regional Director, Reserve Bank of India, New Delhi may identify possible areas of difficulties and issue an advisory to all the banks in NCT of Delhi to ensure smooth release of the social security amounts to persons with disabilities, who are dependent on the disability pension, etc. for their livelihood/maintenance.   

7.      There is no provision for compensation in the Rights for the Persons with Disabilities Act, 2016.  Hence, no recommendation can be made for the same.

8.      The matter is disposed off.

9.      Given under my hand and the seal of the Court this 23^rd day of April, 2018.     

                                                                           (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Copy to: 

1.   The Regional Director, RBI, 6 Sansad Marg, New Delhi-110001.  For appropriate action in terms of the recommendation in para 6.
2.   Secretary, Department of Social Welfare, Govt. of NCT of Delhi for information.  

Mohd. Faizan Vs. Director, Deptt of Social Welfare & Anr. | Case No. 97/1024/2018/02/6589-91 | Dated: 09.04.2018

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. 97/1024/2018/02/6589-91                                  Dated: 09.04.2018

In the matter of:

Mr. Mohd. Faizan

S/o Sh. Mohd. Aslam

H. No. 21 X, Fatak Wali Gali, Khureji Khas,

Delhi-110051                                                                      ................ Complainant

                                          Versus                           

The Director,

Department of Social Welfare

GLNS Complex

New Delhi-110002

(Attention: Ms. Shilpa Shinde, Director, Social Welfare)     ………...…Respondent No.1

The Branch Manager

Oriental Bank of Commerce

Laxmi Nagar(Near Nath Sweet)

Delhi-110082                                                                     ………...…Respondent No.2

Date of Hearing:    07.03.2018

Present:       Mr. Mohd. Faizan, Complainant along with his father Sh. Mohd. Aslam

Sh. Kanwaljeet Singh, Senior Branch Manager(OBC) on behalf of the Respondent No. 2.

Date of Hearing:`   05.04.2018

Present:       Complainant on phone.

                   None on behalf of respondents.

ORDER

          The above named complainant, a person with 75% intellectual disability vide his complaint received through his father Sh. Mohd. Aslam received through Sh. S.K. Bagga, MLA Krishna Nagar vide his letter dated 06.02.2018 under the Rights for the Persons with Disabilities Act, 2016, herein after referred to as the Act submitted that he has not received disability pension since February, 2017.  Department of Social Welfare asked him to link his Aadhaar (XXXXXXXX5180) to the Bank account number (XXXXXXXXXX9118) in Oriental Bank of Commerce on NPCI mode.  His Bank A/c was still linked to Aadhaar on KYC mode but not NPCI mode which is mandatory for pension.  His father has made a number of visits to the Bank and Social Welfare Department, but he has not got his pension so far.

2.       Sh. Kawaljeet Singh Ahuja, Branch Manager, when contacted on phone on 08.02.2018, informed that the said account has been linked to Aadhar on NPCI mode on 03.02.2018.  The complaint was thereafter taken up with the respondents vide notice dated 09.02.2018 and a hearing was also scheduled on 07.03.2018 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as the Act.

3.       The respondent No. 2 vide letter dated 07.03.2018 reiterated that the Aadhaar Number (XXXXXXXX5180) of Sh. Mohd. Faizan has been linked with his SB account No. (XXXXXXXXXX9118) with the bank with DBT flag “Y”.  The report generated of same from the system was also attached.  It was also submitted that Sh. Mohd. Aslam f/o Sh. Mohd. Faizan visited the branch along with one representative from the office of Hon’ble MLA Sh. S.K. Bagga and the status was confirmed to them about linkage of Aadhaar with SB account. 

4.       During the hearing on 07.03.2018 Sh. Kanwaljeet Singh Ahuja. Sr. Manager also informed that the pension has not been credited to the account of Mohd. Faizan.

5.       Sh. Mohd. Aslam stated that he visited the office of District Social Welfare Officer of East District at Geeta Colony three times.  He was not allowed to meet Ms. Seema Bawa, District Social Welfare Officer by the Attendant and she scolded him and told that it was not possible to meet Ms. Seema Bawa.  Finally, he handed over the papers to the person at the counter who also behaved very rudely with him.

6.       From the interaction with the complainant during the hearing, it was observed that Sh. Aslam was very hesitant to narrate his experience in the office of District Social Welfare Officer fearing reprisal and further harassment by the concerned officials. 

7.       As none appeared on behalf of Director, Social Welfare, Ms. Seema Bawa, District Social Welfare Officer was contacted on phone.  She could not give the status of the case despite the fact that the State Commissioner had informed her about the inordinate delay in settling the matter and the harassment to the complainant before taking up the complaint on 09.02.2018, i.e. almost a month ago.  It seemed that the complaint and show cause-cum-hearing notice dated 09.02.2018 had not reached her office.  She however advised that the complainant could meet her on 08.03.2018. 

8.       Before bringing the matter to the notice of Director, Social Welfare on phone during the hearing, Ms. Saroj Rawat, Deputy Director in the Social Welfare Department was also contacted.  She checked the record and informed that the Aadhaar Number of Sh. Mohd. Faizan was not correct in the record and no information had been updated by the District Office.  She however promptly updated the record based on the original documents produced by Sh. Aslam who visited her office after the hearing and assured him that the pension would be credited to the account of the complainant by end of March, 2018. 

9.       Director, Social Welfare, the respondent No. 1 was advised to look into the matter and take appropriate action so that persons with disabilities in need are not harassed by the officials whose duty is to serve them.  Respondent No. 1 was also advised to intimate the action taken in the matter by 02.04.2018 and take appropriate measures to ensure that the complainant and his parents are treated with dignity and their complaint is handled with promptitude.

10.     Smt. Saroj Rawat, Dy. Director (FAS) vide letter dated 28.03.2018 informed that as per the record, the Aadhaar number of Sh. Mohd. Faizan was not correct.  Therefore enhanced pension had not been remitted into his account.  Now on the basis of documents produced by Sh. Mohd. Aslam f/o Mohd. Faizan, necessary corrections have been made in the data base and the payment of Rs. 20,000/- has been released into his Aadhar linked account.

11.     On the next date of hearing on 05.04.2018 Sh. Mohd. Aslam father of the complainant confirmed on phone that the arrears of disability pension has been credited to the account of the complainant and he also met Smt. Seema Bawa in her office.

12.     In the light of the above while the complaint is disposed off, respondent No. 1 is advised to issue appropriate advisory to all concerned in the Department of Social Welfare to be responsive, sensitive and courteous to persons with disabilities and their family members.  Appropriate action be also taken to induct disability as a component for all the Social Welfare Officers and other functionaries of Department of Social Welfare as required u/s 47(1)(b) of the Act besides organising sensitization workshops for the Officers and Staff of the Department at all levels as soon as possible.  At least one such workshop be organised by 31.05.2018.

13.     Action taken on the above recommendation be intimated to this Court within 3 months from the date of receipt of this order as required u/s. 81 of the Act.

14.     The complaint is disposed off.

15.     Given under my hand and the seal of the Court this 09^th day of April, 2018.      

                                                                           (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Kaushlesh Kumar Vs. Director, Deptt of Social Welfare | Case No. 49/1092/2017/12/6512 -13 | Dated : 03.04 .2018

न्यायालय राज्य आयुक्त दिव्यांगजन 

राष्ट्रीय राजधानी क्षेत्र दिल्ली सरकार

25 डी, माता सुंदरी मार्ग, नियर गुरू नानक आई सैंटर, नई दिल्ली-02

दूरभाष  सं॰ 23216001, टैलीफैक्स-23216005

ईमेल: सीओएमडिआईस.दिल्ली एनआईसी.इन

केस सं॰ 49/1092/2017/12/6512 -13                                                        दिनांक - 03.04 .2018 

के संदर्भ में:

श्री कौशलेश कुमार
162/1, रेलवे कॉलोनी,
थॉमस रौड़, मिंटो रौड़,
न्यू दिल्ली-110002                                                                                 .............. शिकायतकर्ता

                             बनाम

निदेशक
समाज कल्याण विभाग
दिल्ली सरकार
जी. एल. एन. एस. कॉम्पलैक्स, दिल्ली गेट,
न्यू दिल्ली-110001                                                                              ..................प्रतिवादी

आदेश

उपरोक्त शिकायतकर्ता जो कि 86 प्रतिशत  चलन विकलांग है, ने अपनी शिकायत दिनांक 15.11.2017 के माध्यम से बताया  कि  उन्हें  पिछले कई वर्षों  से समाज कल्याण विभाग, दिल्ली सरकार के द्वारा खाता संख्या-32370919478, बैंक एस. बी. आई. में विकलांगता पेंशन रू॰ 1500/- प्रति माह मिल रही है। समाज कल्याण विभाग, दिल्ली सरकार द्वारा विकलांगता पेंशन अप्रैल 2017 से रू॰ 2500/-प्रति माह कर दी गयी है, परन्तु उनके खाता में यह राशि प्रेषित  नहीं हुई है। वह समाज कल्याण विभाग भी गये थे जहाँ उन्हें श्री कुन्दन नाम के कर्मचारी ने बताया कि रू॰ 1500/- प्रति माह ही प्रेषित की जायेगी।

2. मामले को प्रतिवादी के साथ दिनांक 07.12.2017 के माध्यम से उठाया गया। प्रतिवादी ने अपने पत्र दिनांक 13.12.2017  के माध्यम से जांच रिपोर्ट प्रस्तुत की जिसके अनुसार, विकलांगता पेंशनराशि  पी. एफ. एम. एस. के माध्यम से लाभार्थी के आधार से लिंक खाते में प्रेषित  की जा रही है। अतः जिन लाभार्थियों का खाता आधार से लिंक नहीं है उन सभी लाभार्थियों को पुरानी दर से ही पेंशन दी जा रही है। चूँकि अभी तक शिकायतकर्ता का खाता आधार से लिंक नहीं था इस कारण शिकायतकर्ता की विकलांगता पेंशन पुरानी दर (रू॰ 1500/- प्रतिमाह) से ही प्रेषित की जा रही थी।दिनांक 30.11.2017 को संबंधित जिला समाज कल्याण कार्यालय (मध्य) द्वारा प्राप्त रिपोर्ट के अनुसार लाभार्थी का खाता आधार से लिंक हो चुका है अतः जल्दी ही लाभार्थी की विकलांग पेंशन बढ़ी हुई दर (रू॰ 2500/- प्रतिमाह) खाते में प्रेषित   कर दी जायेगी। इसके अतिरिक्त शिकायतकर्ता को सूचित किया गया है कि जब से लाभार्थी का खाता आधार से लिंक होगा तभी से उन्हें  बढ़ी हुई पेंशन राशि दी जायेगी।

3. दिनांक 22.01.2018 के पत्र द्वारा शिकायतकर्ता को बताया गया कि वह प्रतिवादी के निर्णय से संतुष्ट नही हैं तो 15 दिनों के अन्दर अपना  प्रतिउत्तर प्रस्तुत करे। शिकायतकर्ता ने अपने पत्र दिनांक 29.01.2018 द्वारा सूचित किया गया कि उन्हें  बढ़ी हुई विकलांगता  पेंशन राशि रू॰ 2500/- प्रति माह दिनांक 31.11.2017 से खाते में प्रेषित  हो रही है, अतः उनकी शिकायत को बंद कर दिया जाए।

4. तद्नुसार शिकायत का निपटान किया जाता है।

5. आज दिनांक 02.04.2018 इस न्यायालय व राज्य आयुक्त द्वारा मोहर के साथ जारी किया गया ।

( टी. डी. धारियाल )

राज्य आयुक्त दिव्यांगजन

Narayan Sharma Vs. The MS, Aruna Assaf Ali Govt. Hospital & two Ors. | Case No. 4/1753/2017-Wel/CD/6209-6211 | Dated: 19.03.2018

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. 4/1753/2017-Wel/CD/6209-6211             Dated: 19.03.2018

In the matter of:

Sh. Narayan Sharma,

S/o Sh. Bhoop Raj Sharma

H.No. 80, Block A, New Seema Puri,

Delhi-110095.                                                         .……… Complainant     

                                                  Versus

The Medical Superintendent,

Aruna Assaf Ali Govt. Hospital,

50-Rajpur Road,

Delhi-110054.                                                    …...…Respondent No.1

The Secretary,

Services Department,

Govt. of NCT of Delhi,

Delhi Secretariat,

New Delhi.                                                         ………..Respondent No.2

Date of Hearing : 13.03.2018

Present: Sh. Narayan Sharma, Complainant

Dr. V.P. Khari, DMS on behalf of Respondent No.1, Sh. Nirmal Sharma, ASO & Sh. Ajay Kumar, JA on behalf of Respondent No. 2.

        

ORDER

              The above named complainant, a person with 57% of locomotor disability vide his complaint dated 16.08.2017  received from the Office of the Chief Commissioner for Persons with Disabilities vide letter dated 19.09.2017 submitted that he was selected for the post of Gr.IV DASS,LDC.  He received a telephonic call from the office of respondent no. 1, for joining the post immediately. However, he did not receive any offer of appointment till 03.04.2017.  He further submitted that he informed them that he was working in the Office of Addl. Director(CGHS), East Zone, Laxmi Nagar, and needed to tender technical resignation and requested to send him the offer of appointment. He again wrote a letter dated 10.03.2017 to the Office of MS, Aruna Asaf Ali Govt. Hospital (AAAGH) with a copy to Services Department. Thereafter he personally collected a copy of offer of appointment dated 27.06.2016 which, among other things, mentioned that in case no reply was received within three weeks from the date of issue of offer of appointment, the said offer of appointment would lapse automatically and no further communication from the candidate would  be entertained in future. 

2.           Vide Memorandum-II dated 03.04.2017, Office of respondent No. 1 informed the complainant that a final opportunity was being given to him to join within a week of receiving that Memorandum otherwise offer of appointment would stand cancelled and his dossier would be returned to the Services Department.  The complainant had also submitted his technical resignation and informed the respondent.  Although his technical resignation had been accepted in his parent Department, respondent No. 1 informed him vide letter dated 26.05.2017 that his dossier had been sent back to Services Department on 21.04.2016 on the ground that he had not joined.  The complainant also alleged that he was not entertained properly when he approached the Services Department.

3.             During the hearing on 07.02.2018, it was observed that the Office had taken up the complaint vide notice dated 27.10.2017 with the DSSSB who had no role to play.  Therefore, the Chairman, DSSSB was removed from the list of respondents and Medical Superintendent, AAA Govt. Hospital and Services Department were impleaded as respondent no. 1 & 2 respectively.  Vide RoP dated 08.02.2018, they were directed to submit as to why the complainant should not be allowed to join the Office of the respondent No. 1 in the post of Grade-IV DASS LDC  and the matter was listed for hearing on 13.03.2018.

4.           On 13.03.2018, the complainant reiterated that he collected the offer of appointment by hand from the Office of the respondent no. 1 as he did not receive it by post.  He immediately, vide his application dated 27.06.2016, requested respondent no. 1 to grant him extension of three months to join as he needed to resign from C.G.H.S, where he is working as LDC.  He has not received any response till date.

5.           The representative of respondent no.1 submitted that the offer of appointment in respect of the complainant was cancelled as he did not join. Offer of Appointment was sent by speed post to the complainant on 27.06.2016 alongwith nine more candidates, the proof of which is available in the office files. The representation of the complainant has been referred to the Services Department through Principal Secretary (Health) for advice and  for further directions. As soon as the advice is received, the directions will be executed.    

6.           The representative of respondent no. 2 submitted that the Services Department has received a proposal from respondent no. 1 for advice on whether the complainant can be allowed to join whether  his dossier can be revived. The Services Department will give its opinion within 7 to10 days. He also submitted that as per Delhi Administration Subordinate Service Rules, 1967 for Grade IV DASS employees, Head of the Department concerned is the appointing authority and therefore, MS, AAA Govt. Hospital is the competent authority to take a decision in the matter.  The relevant rules do not prohibit extension of time to join a post.

7.           In the facts and circumstances of this case, it is recommended that respondent No. 2 should render the advice in the matter by 23.03.2018 to respondent no. 1 who shall consider the same and take a decision by 28.03.2018. The offer of appointment may be sent to the complainant by email in addition to other means to ensure that it reaches him in time.  The complainant should join the post within a month thereafter.

8.           Respondent No.1 & 2 and the complainant shall inform this Court about the action taken by them by email immediately after they take their actions mentioned above.  The matter is disposed off accordingly.

9.           Given under my hand and the seal of the Court this 19^th day of March, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities