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. 4/1746/2017-Wel/CD/3130-31 Dated:27.11.2017
Case No. 15/1014/2017/10
In the matter of:
Dr. Nitesh Tripathi
H.No. B-241,Sant Nagar, Burari,
Delhi-110084. .......Complainant
The Commissioner,
North Delhi Municipal Corpn.
4th Floor, Dr.
S.P.M. Civic Centre,
New Delhi-110002. .........Respondent
Date of Hearing : 15.11.2017 and 23.11.2017
Present : Complainant – Not present
None for respondent.
ORDER
The above named complainant, a person
with 65% locomotor disability vide his complaint received through email dated
21.09.2017 submitted that he is working as GDMO in North Delhi Municipal
Corporation (NDMC) and his salary for the month of July and August, 2017 has not been
released. He faced this kind of
situation earlier also and the then Commissioner for Persons with Disabilities
had to intervene to release his salary at that time. The complainant requested to pass an order
for immediate release of his salary and adopt proper measures for prevention of
such drastic conditions in future.
2. The complaint (4/1746/2017-Wel/CD) was taken up with the
respondent vide Notice dated 12.10.2017 followed by a reminder dated 10.11.2017
and a hearing on 15.11.2017. As per the
request of complainant he was allowed to make his submissions on
telephone. During the hearing on
15.11.2017, Dr. I. Ghanshyam, CMO (M&TB)(HQ), North DMC, the representative of the respondent
submitted that the complainant’s engagement
as Medical Officer on contract basis expired on 30.06.2017. As his
contract has not been extended, the payment could not be released. He further stated that he did not receive the
Show Cause Notice dated 12.10.2017. The
Notice of hearing dated 10.11.2017 reached him only in the morning of
15.11.2017. Therefore, written
submission could not be filed. He further
informed that Accounts Officer (Health)
has processed his file for renewal of contract and once his contract is renewed,
his salary will also be released by the concerned DDO.
3. Vide record of proceedings dated 15.11.2017, the respondent
was directed to release the salary of the complainant for the month of July and August by 22.11.2017,
if the complainant had worked during the said period. Vide letter dated 22.11.2017, Dr. Kamal Sarin,
RMS, Dr. Sahib Singh Verma Polyclinic, Jharoda, Burari informed that the salary
bills could be signed by Dr. N.K. Tripathi only on 22.11.2017 when he
joined. His salary will be credited to his accounts within two days.
5. The complainant vide his email dated 23.11.2017 confirmed
that his salary for the month of July and August had been credited to his
account late evening on 22.11.2017. He
further submitted that other GDMO has got the salary for the month of September
2017 as well and therefore such discrimination should be avoided. He has also pointed out unavailability of a
Grievance Redressal Officer / Liaison Officer to address his genuine issues
besides creating awareness about the provisions of the Rights of Persons with
Disabilities Act, 2016 so that such unpleasant experiences sometimes unknowingly
could be avoided. He also mentioned
about his request to make Dr. S.S.V. Poly Clinic Burari disabled friendly. The complainant also informed that his
contract of appointment has been extended beyond June, 2017 for one year and therefore
his salary for the month of September should also have been released alongwith
the salary of July and August, 2017.
6. The instant complaint relates to release of salary for the
month of July and August, 2017, which has been released, however, if his
contract of appointment has been extended and he has worked as per the
contract, his salary beyond August, 2017 be also released without any further
delay on equal basis with others.
7. The complainant vide his email dated 28.10.2017 had also
submitted that his contract renewal letter had not been released while the
contract renewal letters in respect of other non-disabled doctors had been
released. He had been directed not to
mark his attendance from 27th October, 2017, although he had submitted his
application on 16.05.2017 to his Incharge, which amounted to harassment on the
ground of his disability. The said
complaint was registered as Case No. 15/1014/2017/10 and was taken up with the
respondent vide notice dated 30.10.2017.
In view of the fact that the Complainant’s contract of appointment has
been extended, the complaint has become infructuous.
8. As regards the arrangement of a Grievance Redressal Officer,
the respondent is advised to take steps to appoint such officer in accordance
with Rule 10 of the Rights of Persons
with Disabilities Rules, 2017 which is reproduced below:
“10. Manner of maintenance of register of complaints by the Government establishments-
(1) Every Government establishment shall appoint an officer not below the rank
of a Gazetted Officer as Grievance Redressal Officer:
Provided that where it is
not possible to appoint any Gazetted Officer, the Government establishment may
appoint the senior most Officer as a Grievance Redressal Officer. (2) The
Grievance Redressal Officer shall maintain a register of complaints of persons
with disabilities with the following particulars, namely:- (a) date of
complaint; (b) name of complainant; (c) name of the person who is enquiring the
complaint; (d) place of incident; (e) the name of establishment or person
against whom the complaint is made; (f) gist of the complaint; (g) documentary
evidence, if any; (h) date of disposal by the Grievance Redressal Officer; (i)
details of disposal of the appeal by the district level committee; and (j) any
other information. ”
9. With regard to his request for making Dr. S.S.V. Poly Clinic
Burari accessible, appropriate directions have already been issued to the
respondents along with other concerned agencies for making built environment
accessible in their respective geographical jurisdiction vide Record of
Proceedings dated 17.11.2017 in a
Suo-Motu Case No. 4/1665/2017-Wel/CD.
10. As the salary
for the month of July and August, 2017 in respect of the complainant has been
released and his contract appointment
beyond June, 2017 has been extended, both the complaints (Case No. 4/1746/2017-Wel/CD
and Case No. 15/1014/2017/10) are closed and
disposed of accordingly.
Given under my hand and the
seal of the Court this 27th day of November, 2017.
(
T.D. Dhariyal )
State
Commissioner for Persons with Disabilities
