Bhanwar Kali Devi Vs. Commissioner North Delhi Municipal Corporation | Case No. 120/1021/2018/02 /2339-2340 | Dated: 21.05.2019

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. 120/1021/2018/02 /2339-2340                     Dated: 21.05.2019

In the matter of:

Bhanwar Kali Devi,
N-9, Vijay Vihar, Uttam Nagar,
New Delhi-110059                                                       ……Complainant

                                                 Versus

The Commissioner,
North Delhi Municipal Corporation,
Dr. SPM Civic Centre, Minto Road,
New Delhi-110002                                                        …..Respondent

Date of hearing: 15.05.2019

Present:             Sh. Krishan Kumar alongwith Sh. B.S. Yadav (Complainant)

                             Sh. Louis Daniel Kuzur (Admin. Officer) alongwith Sh. P.S. Rawat on behalf of the respondent

ORDER

          The above named complainant, a person with blindness vide her  application dated 13.12.2017 addressed to the Commissioner, North DMC with a copy to the State Commissioner for Persons with Disabilities requested for grant of senior scale to her husband Sh. P.S. Chaudhary, who retired as Assistant Engineer (Electrical) on 31.07.1995.  Brief facts of the case are as under:-

     i.           Her husband Sh. P.S. Chaudhary was appointed in the erstwhile MCD as Junior Engineer (Electrical) on 27.06.1961 in the scale of Rs. 180-300 which was revised to 425-700 w.e.f. 01.01.1973.

     ii.         He was further granted selection scale of Rs. 500-900/- w.e.f. 01.07.1976.

    iii.         He was promoted to the post of Assistant Engineer (Elect.) on current duty charge basis vide Office Order No. F.1(318)/EAI/Engg./90/87/1048 dt. 30.07.1990, during Current Duty charge he continued to draw his own pay scale of selection grade of J.E.(E) granted to him on 01.07.1976.

  iv.          He retired on 31.07.1995 in his own pay scale of Selection grade of J.E.(E) granted to him on 01.07.1976.

    v.          MCD’s circular dated 18.10.1994 stated that Junior Engineers who had completed more than 15 years of service in the grade of J.E(E) as on 01.01.1991 were to be considered in the higher scale of Rs. 2000-3500/- w.e.f. 01.01.1991. 

  vi.         Her husband had completed more than 29 years as on 01.01.1991 and was eligible for grant of senior scale.As per the complainant, he was also clear from the vigilance angle, but was granted the senior scale due to him w.e.f. 01.01.1991.

2.      The complainant was taken up with the respondent and an Action Taken Report by 10.05.2018 was sought vide this court letter dated 12.04.2018 followed by reminder dated 11.06.2018, a show cause notice dated 18.10.2018 and another reminder dated 08.01.2019.  As there was no response, a hearing was scheduled on 12.03.2019. 

3.      On 12.03.2019, Sh. Krishan Kumar, son of the complainant appeared and submitted that many of the juniors of his father were granted the higher scale w.e.f. 01.01.1991.  But his father was denied the same.  Consequently, his mother, who is a person with blindness is, not getting revised monthly family pension.  He further submitted that his mother has been representing to the Commissioner, North DMC but there has not been any response.  He requested that the family pension of his mother should be fixed as per the revised pay scale and all the arrears of pay, enhanced pension and revised family pension may be paid to her.  He produced the following family pension documents in support of the claim of his mother. 

                     i.        Letter No. D/660/EEE-III/2015-16 dated 11.09.2015 of EE.(Elec.).III, South Delhi Municipal Corporation, O/o the EE(E).III, M.C.(P) School, Moti Nagar (East) New Delhi.

                    ii.        Copy of representation dated 29.07.1998 of Late Sh. P.S. Chaudhary, Retd. AE(E) addressed to Commissioner, MCD, Town Hall, Delhi.

                  iii.        Copy of U.O. Note No. D/HE-I/Engg./Estt./99/3386 dated 10.06.1999 & 14.06.1999 to Addl. Commissioner (Engg.), MCD, Town Hall, Delhi.

4.      As none appeared on behalf of the respondent, Commissioner, North MCD was requested to personally look into the matter and next date of hearing was fixed on 12.04.2019.

5.      On 12.04.2019, Sh. Atul Bhardwaj, EE(Elect.), SDMC submitted that late Sh. P.S. Chaudhary was working as AR(E), Najafgarh Zone and was getting his salary and retirement dues from ACA (Engineering) under unified MCD.  His service book and the personal file are not in the Office of EE (Elect.), SDMC.  As per record, the same were sent to ACA (Engineering), North DMC on 19.09.1990.  The issue of grant of pay scale of Rs. 2000-3500/- w.e.f. 01.01.1991 therefore needs to be resolved by North DMC. 

6.      The representatives of the respondent who appeared after the hearing, were advised to sort out the matter and submit an action taken report by 01.05.2019 and the matter was fixed for hearing 15.05.2019.

7.      In compliance with the directions vide ROP dated 15.04.2019, Administrative Officer, Engineering Department (Headquarter), North DMC vide letter dated 09.05.2019, a copy of which has been sent to the complainant, hassubmitted that after trifurcation of erstwhile MCD,  the office of EE (Elect.)-III/ Moti Nagar falls under the jurisdiction of West Zone i.e. South DMC.  They have, therefore requested the personal file and service book of Sh. P.S. Chaudhary from the office of EE (Elect.)-III/ West Zone, where he was last posted before his retirement.  The Accounts Department (Pension), SDMC has also been requested to provide his complete file and supporting documents and sincere efforts are being made to obtain the relevant records.  It may take 06 to 07 months to finalize the case and 07 to 08 months time has been sought to complete the process of granting higher pay in the scale of Rs. 2000-3500 w.e.f. 01.01.1991 to late Sh. Chaudhary. 

8.      The representatives of the respondent, who appeared for the hearing,stated that once the records are available,all efforts will be made to finalize the matter within the shortest of possible time. 

 

9.      Sh. Krishan Kumar S/o Smt. Bhanwar Kali Devi, who appeared on her behalf, submitted that her mother is suffering from different diseases and remains in the hospital for about 10 days in a month.  They have written 14-15 letters to the concerned Department, but have not received any response.  He requested that the orders to finalize the case within 10 to 15 days should be passed. 

10.    From the interaction with the functionaries of North DMC and SDMC during the hearings of this case, it is observed that retrieval of old record may have been a challenge due to the fact that the offices for payment of salary of late Sh. Chaudhary and his deployment werestated to bedifferent and trifurcation of the erstwhile MCD may have contributed to it.  But the stalemate can not be allowed to continue indefinitely, as the complainant had submitted her representation on 05.05.2018 to SDMC and prior to that, Sh. Chaudhary had been representing to the concerned authorities.  Be that as it may, now that the responsible officers in whose possession the records are, have been identified, and keeping in view the situation of the complainant, the matter should be resolved on top priority.

11.    In the facts and circumstances of the case, it is recommended that fixation of pay of late Sh. Chaudhary, revision of his pension, revision of family pension of the complainant and payment of arrears of the pay/ pension/ family pension be finalized within 3 months from the date of receipt of this order. 

12.    An Action Taken Report be submitted to this court as required under Section 81 of the Act.

13.    It is observed that a certificate that Smt. Bhanwar Kali Devi w/o Late Sh. P.S. Chaudhary has 100% visual disability, was issued by Prof. K.P.S. Malik, Addl. D.G. & HOD of Ophthalmology Safdarjung Hospital.  It bears the date of issue as 26^thday of March without mentioning the year.  The certificate is apparently very old and Sh. Krishan Kumar stated that she acquired blindness in the year 2008.  While there is no doubt about the disability of the complainant, Sh. Krishan Kumar is advised to contact and get a certificate of disability from any of the following 3 hospitals which are designated for issuing Certificate of disability for visual disability for West Delhi residents vide circular number F.No.24/Misc.Policy/Disability/DHS/ NHC/1039-45 dated 02.05.2019 of Health & Family Welfare (Department):

          (i) Deen Dayal Upadhya Hospital, Hari Nagar
          (ii) Guru Gobind Singh Govt. Hospital, Raghubir Nagar
          (iii) Sardar Vallab Bhai Patel Hospital, Patel Nagar

14.    Given under my hand and the seal of the Court this 21^thday of May, 2019.

                                                                                                (T.D.Dhariyal)
State Commissioner for Persons with Disabilities