In the Court of the 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. 840/1024/2019/04 /3078-3080 Dated:26.06.2019
In
the matter of:
Sh. Arvind Sharma
Vice Principal (Rtrd.)
Residence-1/7133, Shivaji Park
Shahdara, Delhi-110032
Mobile No. 9911184413 ............Petitioner
Vice Principal (Rtrd.)
Residence-1/7133, Shivaji Park
Shahdara, Delhi-110032
Mobile No. 9911184413 ............Petitioner
Versus
The Director (Education),
Directorate
of Education, GNCTD
Old
Secretariate,
Delhi-110054 ......Respondent
No. 1
The Deputy Director of Education (North-East),
B-Block,
Yamuna Vihar,
Delhi-110053 ......Respondent
No. 2
Date of Hearing: 25.06.2019
Present: Sh. Arvind Kumar Sharma, Complainant
Sh. Satpal Singh, DDE (NE) alongwith Mukul Manrai, ADE (NE) on behalf of Respondent
Dr. Sudhakar Gaikwad, Principal, Sh. Sushil Kumar Rai, TGT (Math) and Sh. Kartar Singh, Ministral Staff, GSBV, Khajoori Khas on behalf of Respondent
Sh. Satpal Singh, DDE (NE) alongwith Mukul Manrai, ADE (NE) on behalf of Respondent
Dr. Sudhakar Gaikwad, Principal, Sh. Sushil Kumar Rai, TGT (Math) and Sh. Kartar Singh, Ministral Staff, GSBV, Khajoori Khas on behalf of Respondent
ORDER
The above named complainant, a
person with 66% locomotor disability vide his email dated 03.04.2019 registered
as a complaint under the Rights for Persons with Disability Act, 2016
hereinafter referred to as the Act, inter-alia alleged that he retired from
service on 31.12.2018 on attaining the age of superannuation. He was a bit strict on non-performing teachers.
They, in connivance with GSTA lodged
false complaints against him. Consequently, he was transferred frequently. His last transfer was from RSBV Gulabi Bagh
(Distt. North) to GSBV Khajoori Khas (Distt. North East) just before 5 months
of his superannuation. He protested against
his transfer with the Director of Education and this court but did not get any
relief.
2. Subsequently,
district North East did not issue his vigilance clearance report, although no
case was pending against him. Delay in
releasing his retirement benefits was therefore wilful and to harass him. The complainant therefore requested that his
retiral benefits be released at the earliest and responsibility should be fixed
for delay in issuing the vigilance clearance report at the District Level and
his Re-employment case should also be processed.
3. The
complaint was taken up with the respondents vide letter dated 11.04.2019
followed by a reminder dated 23.04.2019.
As there was no response, a show cause-cum-hearing notice dated
24.05.2019 was issued and the respondents were directed to show cause why they
should not make payment of retiral benefits to the complainant within 2 weeks
from the date of receipt of the notice and submit reasons for delay and the para-wise
comments by 10.06.2019. A hearing was
also scheduled on 25.06.2019.
4. During the
hearing, Dy. Director of Education, Distt. North East vide letter dated
24.06.2019, submitted as under:
“Subject:
Reply to Show-Cause-Cum-Hearing Notice dated 24.05.2019
Reference
above, it is submitted that all payment of retiral benefits have been amde to
Shri Arvind Sharma as per the details given below:
|
Serial
Number
|
Retiral
Benefit
|
Amount
(Rupees)
|
Credited
into the complainant’s account on (Date)
|
|
1
|
GPF Final Payment
|
2370036/-
|
16/05/2019
|
|
2
|
D.C.R.G
|
1466858/-
|
22/05/2019
|
|
3
|
Commutation of Pension
|
1769904/-
|
22/05/2019
|
|
4
|
Leave Encashment
|
981000/-
|
27/05/2019
|
|
5
|
UTGEIS
|
60983/-
|
27/05/2019
|
It
is also informed that Sh. Arvind Sharma has been given re-employment vide
Transfer Order dated 07/06/2019 and posted in Sarvodaya Bal Vidyalaya,
Jafrabad, Delhi-110053.
It
is humbly submitted that processing of retiral benefits started only after
receipt of Vigilance Clearance Report by the School (Sarvodaya Bal Vidyalaya,
Khajoori Khas, Delhi-110090) on 25/02/2019.
The delay in release of payment was due to sending back of filed to the
school again and again to remove certain deficiencies.
(Satpal
Singh)
Deputy
Director of Education
District
North East”
5. The
complainant reiterated his written submissions and added that he met all the
concerned officers namely the Dy. Director, Special Director and Regional
Director Education. However, none of the
officers considered his request and ensured release of retiral benefits in time.
He visited the Offices of Dy. Director,
North East, Yamuna Vihar, Dr. Neeraj, 14 times.
But she did not make any effort to release the amount.
6. It is
observed that the retiral benefits on account of GPF Final Payment, D.C.R.G,
Commutation of Pension, Leave Encashment and UTGEIS work out to Rs. 6648781/-
which were supposed to be paid to the complainant by January, 2019. Admittedly, there was no reason for delay in
releasing the amount to the complainant.
An amount of more than Rs. 2.25 lakh would have accrued as interest on
Rs. 66,48,781/- in the post office @ 8.25% for 5 months.
7. In view of
the above, it is recommended that respondent no. 1 should fix the
responsibility for delaying the release of the retiral benefits to the
complainant and explore the possibility of compensating him by recovering the
amount from those who were responsible for causing such a huge loss to the complainant.
8. Action taken
report be intimated to this court within 3 months from the date of receipt of
this order as required under Section 81 of the Act.
9. The
complaint is disposed of.
10. Given under
my hand and the seal of the Court this 26th day of June, 2019.
(T.D.Dhariyal)
State Commissioner of Person with Disabilities
State Commissioner of Person with Disabilities
