Showing posts with label re-employment. Show all posts
Showing posts with label re-employment. Show all posts

Saturday, November 4, 2017

Madan Mohan Tiwari Vs. Dte of Education | Case No. 4/1657/2017/Wel./CD/ 2576-77 | Dated:03.11.2017



 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. 4/1657/2017/Wel./CD/ 2576-77                Dated: 03.11.2017

In the matter of:

Sh. Madan Mohan Tiwari
H. No.-B/206, DDA MIG Flats,
East of Loni Road,
Shahdara, Delhi-93                                            ................ Petitioner

                                          Versus                         
The Director,
Directorate of Education,
Old Sectt. Delhi-110054                                     ………...…Respondent

Date of hearing: 17.10.2017

Present:     None for the complainant
                   None for the respondent
  
ORDER

The above named complainant, a person with blindness submitted a complaint dated 08.05.2017 alleging that he has not been provided his post retirement benefits and not considered for reemployment.  The complaint was taken up with the respondent vide a notice dated 03.08.2017 with direction to submit ATR within 30 days. 

2.      As the response was not received, a hearing notice was issued vide notice dated 18.09.2017 for appearing before the State Commissioner on 17.10.2017.  In the mean time, the respondent vide letter No.1563 dated 21.09.17 submitted that the benefits of retirement on account of GPF and Gratuity & pension commutation had been released to the complainant in the month of May & June 2017.  Payment on account of leave encashment had been processed and the same was pending with PAO-IX since id: 9.2017.CGEGIS payment bill was to be signed by the complainant.   An email had been sent to him to do the needful.

3.      The respondent further stated that the complainant’s claim for reemployment cannot be acceded to as a recordable warning was issued to him.  The respondent also submitted a copy of notification F.30-3(28)Co-ord./Edn./Vol.II/2006/2387-2407 dated 24.09.2013 regarding reemployment of staff, Directorate of Education.  Clause (c) of the said notification provides as under:

          Re-employment of teachers will not be automatic and will be subject to their being found to be suitable in all respects.  Suitability will be determined on the basis of their performance reports/annual confidential report, work and conduct certificate and integrity certificate and on their being declared medically fit.”

4.      The complainant was neither present nor did he submit any rejoinder.

5.      It is expected that the complainant has received all his retirement benefits by now.  However, if any of the payments due to him is pending, the same may be released on top priority in any case within 07 days of receipt of this order by the respondent.  In case of non-receipt of the payment, the complainant may inform this court within 07 days of receipt of this order.  No direction as to the reemployment of the complainant is called for in view of the clause (C) of the notification dated 24.09.2013 reproduced above.

6.      The complaint is disposed of accordingly.

7.    Given under my hand and the seal of the Court this 03rd day of  November, 2017.


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