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,
[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
4th
Floor, Dr. S.P.M. Civic Centre
JLN Marg, New Delhi
-110002. ...........Respondent No.1
The Commissioner
South Delhi
Municipal Corporation
9th
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 11th day of October, 2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
