Smt. Pratima Saxena Vs. DCP New Delhi | Case No. 4/1410/2016-Wel./CD/ 514-515 | Dated: 15.05.2017

Case Summary:

Atrocities: Complainant submitted that her tenant is harassing and threatening her and is refusing to vacate the house or pay rent. Multiple notices were served upon the Office of Deputy Commissioner of Police to enquire into the matter and to present themselves before the Court with no effect. Finally, on 12.04.17 the inquiry officer appeared and submitted a report to the effect that the tenant has been vacated and the property handed over to the complainant. On expression of satisfaction by the Complainant, the case was closed.

Order / Judgement: 

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. 4/1410/2016-Wel./CD/ 514-515                                   Dated: 15.05.2017

In the matter of:

Smt. Pratima Saxena, 

53, Old Compound,

Mandi House, Bhagwan Dass  Road,

New Delhi-110001.                                                                            .……… Complainant     

                                                                          Versus

The Deputy Commissioner of Police,

District New Delhi,

Parliament Street Police Station,

New Delhi-110001.                                                                                 …...…Respondent

 

Date of hearing:            12.04.2017         

Present:                          Sh. Sunil Kumar, I.O. on behalf of respondent.

ORDER

                  A complaint was received on 12.09.2016 from one Smt. Pratima Saxena, W/o late Sh. Pradeep Saxena, a person with 100% permanent multiple disability stating that one person whom she has introduced as tenant in her house, is harassing her and not vacating the rooms.  He often threatens her including to kill her.  He says that he had repaired the house hence will not pay the rent and will not vacate the house. 

2.               A notice was served upon the Office of Deputy Commissioner of Police, New Delhi District dated 15.09.2016 to enquire into the matter and submit action taken report by 29.09.2016.  No reply was received from the respondent.  Another reminder was issued but no reply was received.

3.               Complainant again sent an email to the Office of Commissioner for Persons with Disabilities on 14.10.2016 requesting for appropriate action. 

4.               In the absence of response from Police, a notice was issued on 15.11.2016 to DCP to instruct the Inquiry Officer to appear before the Deputy Commissioner for Persons with Disabilities on 24.11.2016 alongwith Action Taken Report but the Inquiry Officer did not appear.  Again a notice dated 29.11.2016 was served to DCP, New Delhi District  to appear in person on 15.12.2016 alongwith the Action Taken Report.

5.               On 12.04.2017, the Inquiry Officer appeared in the Office of State Commissioner for Persons with Disabilities alongwith the comprehensive report from DCP, New Delhi District.  As per the report and statement as submitted by Sh. Sunil Kumar, Inquiry Officer, PS, Tilak Marg, the room has been vacated by the tenant and handed over to Smt. Pratima Saxena and at present the said property is under her control.  Police has submitted statements of the neighbours also. 

6.               Smt. Pratima Saxena, complainant was conveyed the status as submitted by the Police.  She expressed satisfaction and hence the case is closed.

           The matter is disposed of accordingly.

           Given under my hand and the seal of the Court this 15th day of May,2017.     

           (T.D. Dhariyal )

                                             State Commissioner for Persons with Disabilities

Dr. Bharat Prasad Yadav Vs. Dept of Urban Development | Case No. 4/1043/2015-Wel/CD/ 501-502 | Dated: 12.05.2017

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. 4/1043/2015-Wel/CD/ 501-502                                    Dated: 12.05.2017

In the matter of:

Dr. Bharat Prasad Yadav,

Rashtriya Pragya Drishti Sansthan,

B-421,Trilokpuri,

Delhi-110091                                                                                    .……… Complainant     

                                                                          Versus

Principal Secretary,

Department of Urban Development,

Delhi Secretariat,

New Delhi-110001.                                                                               …...…Respondent

 

Present                           Dr. Bharat Prasad Yadav,   Complainant.

None on behalf of Respondent.

Date of hearing:            08.05.2017

            

ORDER

                   On perusal of the documents available in the case file it is observed that the complaint filed by Dr. Bharat Prasad Yadav, Secretary, Rashtriya Pragya Drishti Sansthan, who is a person with blindness,  was closed upon receipt of replies of the Department of Urban Development (Unauthorised Colony Cell) dated 01.09.2014 and 10.08.2015 that the unauthorised colony bearing registration number 1255 namely Louis Braille Vihar, Madan Pur Dabas was not eligible for regularization.

2.               Upon receipt of further communication from the complainant dated 03.09.2016, the matter was taken up again with the Department of Urban Development and Dy. Commissioner of Police, Outer District. After exchange of a number of correspondence with the respondents and the complainant, it is revealed from the reply dated 30.01.2017 submitted by Department of Urban Development that the Rashtriya Pragya Drishti Sansthan had filed a Writ Petition WP(C) No. 8567 of 2010 in the Hon’ble High Court of Delhi seeking appropriate directions to GNCTD to expedite the process of regularisation of  the colony namely Louis Braille Vihar, colony.  The operative para of the judgement dated 04.08.2014 of Hon’ble High Court of Delhi has been reproduced as under:-

“The operating para 6 pertaining to regularization of the unauthorized colony in the Judgement dated 04.08.2014 of the High Court of Delhi reads “Although, the receipt of the letter dated 24.10.2011 and the show cause notice is disputed by the petitioner, nonetheless, the moot question that needs to be answered is whether Louis Braille Vihar Colony complies with the condition of regularization namely that on the cut of date i.e. 08.02.2007, the un-built area of the said colony was less than 50%.  The petitioner has not produced any material which could indicate that this finding of respondent No. 1 that as on 08.02.2007, the built up land comprising the Louis Braille Vihar Colony was less than 50% is erroneous.  The respondent has also produced a letter dated 07.12.2012 of Geospatial Delhi Ltd., which is a specialised company involved in scientific mapping of geographical areas.  The said letter indicates that the area of the colony is 14780.21 Sq. Meters and the built up area in 2007 was 31.23% of the total area of the colony.  Thus, undisputedly the petitioner’s colony Louis Braille Vihar having registration No. 1255, does not comply with the requirements of the regulations framed for regularisation of unauthorised colonies.  Accordingly, the prayer made by the petitioner for expediting the process of regularisation cannot be granted”

3.               The respondent Department has further mentioned that the Urban Development Department has proposed amendment in the procedure of regularisation of unauthorised colonies and submitted to the Ministry of Urban Development, Govt. of India.  The information sought by Govt. of India is being compiled.  The unauthorised colonies shall be processed for regularisation after issue of notification by the Ministry of Urban Development, Govt. of India. . 

4.               It is observed that the complainant should have mentioned in his complaint that the Hon’ble High Court of Delhi had pronounced a judgement on the issue.

5.               During the hearing on 08.05.2017, the complainant submitted that the members of the Bhagya Vihar Residential Association had removed the sign board of Louis Braille Vihar and erected the sign board of Bhagya Vihar, G-Block.  He prayed that they should not be allowed to do so as the owner of the land namely, Sh. Mohinder Singh had given the land to the Society for building up the Louis Braille Vihar on 16^th April 2003.  The complainant was advised to file a complaint with the local Police Station for appropriate action.  In case that the concerned authorities do not take action as per law, he may file a fresh complaint before the State Commissioner for Persons with Disabilities.

           The matter is disposed of accordingly.

           Given under my hand and the seal of the Court this 12^th day of May,2017.     

                                                                                                                         (T.D. Dhariyal )

                                                  State Commissioner for Persons with Disabilities

Anitya Narain Mishra Vs. North Delhi Municipal Corporation | Case No. 4/1248/2016-Wel./CD/ 503-504 | Dated: 12.05.2017

Case Summary:

Employment: Complainant with 40% locomotor disability was working as LDC from 01/02/06 in DCA office Shahdra. He alleged that North Delhi Municipal Corporation had not included his name in the list of LDCs for promotion to the post of UDC, despite being the senior most LDC. He became eligible for promotion to the post of UDC in Feb, 2011 itself. The representatives of the respondent reiterated that the case for promotion to the post of UDC (SSA) in respect of the complainant along with other eligible employees was under process.

Directions: Hold a DPC; and if necessary, a review DPC to consider the complainant for promotion to the post of UDC from the date he became due in accordance with the rules & relevant instructions. Compute the reserved vacancies for persons with disabilities in promotion as well as direct recruitment in various Groups based on separate 100 - points vacancy based reservation rosters and take immediate action to fill the backlog of reserved vacancies in accordance with the instructions issued by DOP&T vide their OM No 36035/3/2004-Estt(RES) dated 29.12.2005

Rules/Acts/Orders:

-         DOP&T’s O.M No.36035/8/89-Estt (SCT) dated 29.11.1989

-         DOP&T’s OM No. 36035/3/2004-Estt(RES) dated 29.12.2005

Order / Judgement: 

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 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. 4/1248/2016-Wel./CD/ 503-504               Dated: 12.05.2017

In the mater of :

Sh. Anitya Narain Mishra

LDC/DCA Office, Shahdara North Zone

Shahdara, New Delhi – 110032.                   …………Complainant                                                                                                                                                                    

                                                           Versus

The Director

North Delhi Municipal Corporation

11^th Floor, Civic Centre

Dr. S.P.M. Civic Centre

New Delhi  110002.                                    .................Respondent

Date of hearing:                      05.05.2017

Present:                                   Sh. Ashok Verma, S.O, North Delhi Municipal Corporation

                                                Sh. Vijay Pandey, ASO North Delhi Municipal Corporation

                                                Sh. Anitya Narain Mishra, Complainant.

ORDER

              The above named complainant with more than 40% loco,motor disability vide his complaint dated nil  received on 29.04.2016, submitted that he was working as LDC w.e.f  01.02.2006 in DCA office Shahdra.  He alleged that North Delhi Municipal Corporation  had not included his name in the list of LDCs  for promotion to the post of  UDC, despite being  the senior most LDC.  Further no LDC with disability has been promoted.

2.           The complaint was taken up with the respondent vide letter dated 06.05.2016 followed by reminders dated 26.05.2016, 04.07.2016, 19.10.2016, 03.11.2016 and 24.01.2017. The respondent, vide letter dated 15.11.2016 informed that the case of the complainant for promotion to the post of UDC was under process.  Thereafter a hearing was scheduled on 17.03.2017 which was reschedule on 05.05.2017. 

3.           During the hearing on 05.05.2017, the complainant reiterated that  the eligibility for promotion to the post of UDC is 5 years services as LDC. He was promoted to the post of LDC in February, 2006. He became eligible for promotion to the post of UDC in Feb, 2011 itself. As per him, promotions to the post of UDC were made in 2011 and therefore he should have been promoted in 2011 as he is the senior most LDC with disability in all the three MCD.

4.           Had he been given the benefit of reservation for persons with disabilities, he would have been due for promotion to the post of Head Clerk now.  He also alleged that  reservation in promotion has not been implemented  in any of the MCD.

5.           The representatives of the respondent reiterated  that the case for promotion to the post of UDC (SSA) in respect of the complainant along with other eligible employees was under process. The DPC could not be held due to model code of conduct in connection with the elections to MCD.  As soon as the date for DPC is fixed, the complainant will be considered, They also clarified that after 2011 DPC for promotion to the post of UDC was held in 2016.  They however did not give the information on whether any person with disability was considered against a reserved vacancy. Sh. Ashok  Verma, S.O added that reservation for persons with disabilities was ensured after his joining while promoting Group D employees  to the post of  LDC in March, 2017.

6.           It is observed that this case was taken up with North Delhi Municipal Corporation & East Delhi Municipal Corporation on 6.5.2016 and is pending since then. If the complainant had indeed become eligible for promotion to the post of UDC in 2011, he was likely to be promoted in that year or closely thereafter being the senior most among LDC s with disabilities in MCD. In that case, there is apparent deprivation on account of not considering the complainant for promotion against a reserved vacancy for a long period of time.  The respondent must be aware that Govt of India had decided to provide reservation for persons with disabilities in Group C & D posts filled by promotion way back in 1989 vide DOP&T’s O.M No.36035/8/89-Estt (SCT) dated 29.11.1989. It is a matter of concern that despite Five reminders to the respondent, even essential details of the case have not been made available leave alone any relief to the complainant. As per the instructions issued by the DOP&T from time to time, separate vacancy based reservation rosters are to be maintained for promotion of persons with disabilities against reserved vacancy in each group. The detailed instructions as amended from time to time on maintenance of rosters and effecting reservation for persons with disabilities are contained in OM No. 36035/3/2004-Estt(RES) dated 29.12.2005.

7.           In light of the above, the respondent is advised to take the following actions without any further loss of time:

(i)  Hold a DPC; and if necessary, a review DPC to consider the complainant for promotion to the post of UDC from the date he became due in accordance with the rules & relevant instructions by 31^st May, 2017 and promote the complainant, if found fit,  by 7^th June, 2017.

(ii)  Compute the reserved vacancies for persons with disabilities in promotion as well as direct recruitment in various Groups based on separate 100 - points vacancy based reservation rosters and take immediate action to fill the backlog of reserved vacancies in accordance with the instructions issued by DOP&T vide their OM No 36035/3/2004-Estt(RES) dated 29.12.2005 and as modified from time to time an action taken report be submitted to this court within three month from the date of receipt of this order.

The matter is disposed of accordingly.

             Given under my hand and the seal of the Court this 12^th day of  May, 2017          

         

                                                                                       (T.D. Dhariyal )

                                                State Commissioner for Persons with Disabilities

Suo motu Vs. Commissioners | Case No. 4/520/2013-Wel/CD/ 326-329 | Dated: 09.05.2017

Case Summary:

Employment: Complainant raised the issues of regularization of leprosy cured daily wager safaikarmacharis and the appointment of leprosy cured persons against the 3% reserved vacancies for persons with disabilities. After a course of communications with the respondents, NDMC reported regularizing all the pending cases, while EDMC and SDMC reported that the regularization process was under progress. Complainant expressed concern over the long time the process has taken. In response, the Court recommended that SDMC and EDMC are requested to do the needful by 31 May 2017.

Order / Judgement: 

 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. 4/520/2013-Wel/CD/  326-329                                   Dated: 09.05.2017

Case No. 4/1110/2015-Wel/CD/

In the matter of:

Suo Motu

                                                                          Versus

Commissioner,

North Delhi Municipal Corporation,

4^th Floor, Dr. SPM Civil Centre,

New Delhi-110002.                                                                    .......Respondent No. 1

Commissioner,

South Delhi Municipal Corporation,

9^th Floor, Dr. SPM, Civil Centre,

JLN Marg, New Delhi.                                                                .......Respondent No.2

Commissioner

East Delhi Municipal Commissioner,

419, Udyog Sadan Patparganj Industrial Area,

Delhi.                                                                                          ...…Respondent No. 3

 

Case No. 4/1170/2015-Wel/CD/

Sh. Bimbadhar Sethi, General Secreatary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan Vs Commissioner, North DMC.

Case No.4/1171/2015-Wel/CD

Sh. Bimbadar Sethi,  General Secreatary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan Vs Commissioner, SDMC & EDMC.

Date of hearing:            08.05.2017

Present:        Sh. Bimbadhar Sethi, General Secretary, Sh. Akela Anand, Chairman,Indrajeet, Member on behalf of Vande Matram Swasth Kusht Rogi Majdoor Punarvash Sansthan, on behalf of Complainant.

                 

Sh. Rambir Singh SO, Jasvinder Kumar, UDC on behalf of DEMS/North Delhi Municipal Corporation  and  Sh. G.S. Pandey, LDC on behalf  of  DEMS/  South Delhi Municipal Corporation.

         

ORDER

                 

Shri Bimbadhar Sethi, Secretary, Vandematram Swasth Kusht Rogi Majdoor Punarvash Sangthan  in his letters dated 12.08.2013 (two letters)  raised the following issues:-

(i)            Regularisation of 286 Leprosy Cured Daily Wager Safai Karamcharis; and

(ii)          Appointment of Leprosy Cured Persons in the Municipal Corporations against 3% reserved vacancies for persons with disabilities.

2.     The Office of the Commissioner for Persons with Disabilities took the suo-motu cognizance of the matter and took up with the respondents vide letter dated 19.09.2013.  Subsequently, Ex-MLA, Sh. Vir Singh Dhigan also brought the above issues to the notice of Commissioner for Persons with Disabilities.  Sh. Bimbadhar Sethi filed two more complaints on the same issue. 

3.   After a series  of  exchange   of  communications  with   the     three Municipal Corporations namely North Delhi Municipal Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation and a number of hearings, the North Delhi Municipal Corporation (NDMC) vide letter dated 20.01.2017 informed that all the 74 Leprosy Cured D/W SKs of NDMC engaged upto 31.12.2003 had been regularised as per policy approved by the Competent Authority. As on January, 2017, there was no pending case for regularisation. 

4.  The East Delhi Municipal Corporation (EDMC) vide letter dated 8.01.2017 informed that a proposal for regularisation of services of 36 Leprosy Cured D/W SKs had been put up for consideration and adoption of the House of EDMC.  They will be regularised after the proposal is approved by the House. 

5.  Similarly, the South Delhi Municipal Corporation (SDMC) vide letter dated 07.12.2017 informed that 23 Leprosy Cured D/W SKs are awaiting regularisation and the process for their regularisation has been initiated. 

6.    During the hearing on 08.05.2017, Sh. Bimbadhar Sethi confirmed the number of Leprosy Cured Persons awaiting their regularisation  as mentioned above.  However, he and the accompanying persons were concerned about the long time that the process has taken. They further raised the issue of appointment of more Leprosy Cured Persons against the quota of reserved vacancies.  They further pointed out that those who were engaged as daily wagers after 31.03.2003, are proposed to be regularised from the current date, which  will amount to discrimination.

7.    The representative of NDMC and SDMC reiterated their written submissions and clarified  that the decision about the date of regularisation is  taken at the Corporation’s level. 

8.     As the complaint for regularisation of services of the Leprosy Cured D/W SKs is pending since 2013, the SDMC and EDMC are directed to do the needful by 31^st May 2017 and submit a report by 2^nd June, 2017.

9.      As identical issues are involved in Case No. 4/1110/2015-Wel/CD, Case No. 4/1170/2015-Wel/CD & Case No.4/1171/2015-Wel/CD and the parties are also the same, the said cases also stand disposed of in terms of this order.

10.   The question of the date of regularisation of those who were engaged as daily wagers after 31.03.2003 is the subject matter of another case No. 4/1481/2016/Wel/CD and will be dealt separately.

           The matter is disposed of accordingly.

           

            Given under my hand and the seal of the Court this 9^th  day of May,2017.     

(T.D. Dhariyal )                                             

  State Commissioner for Persons with Disabilities