Sonu Bhola Vs. Secretary Revenue | Case No. 4/1209/2016-Wel./CD/72 | Dated: 21.04.2017

In the Court of 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 Persons with Disabilities

(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/1209/2016-Wel./CD/72                                                          Dated: 21.04.2017

In the matter of:

Sh.Sonu Bhola,

Vice President,

Federation of Disabled Rights,

G-332, Mangol Puri,

New Delhi-110083                                                                                      .....Complainant     

                                                                          Versus

The Divisional Commissioner-Cum-Secretary(Revenue),

Department of Revenue, GNCT of Delhi,

Sham Nath Marg,

New Delhi-110054                                                                   ……...…Respondent No.1

The Secretary,

Deptt. Of Health & Family Welfare,

GNCT of Delhi,

Delhi Secretariat, s

New Delhi-110002                                                                   ........... .Respondent No. 2

The Chairman,

Delhi Transport Corporation,

I.P. Estate, New Delhi-110002                                                      .........Respondent No.3

The Director,

Department of Social Welfare,

Govt. Of NCT of Delhi,

GLNS Complex, Delhi Gate,

Delhi-110002                                                                                        .....Respondent No.4

The Director,

Directorate of Employment,

C-Block, 5, Sham Nath Marg,

New Delhi-110054                                                                             .... Respondent  No. 5

Present:                          None appeared on behalf of the Complainant.

Sh. Virender Singh, SDM (Revenue ) on behalf of  Respondent No. 1

Sh. Sunil Kumar, A.O. alongwith dealing assistant Sh. H.K. Dhulpuria on behalf of Respondent No. 2.

  

Case No. 4/1385/2016-Wel./CD/                                                                          

In the matter of:

Sh. Mannu Kumar,

125, Chanchal Park, Nangloi,

New Delhi-110041.                                                                      ……..Complainant     

                                                                          Versus

The Divisional Commissioner-Cum-Secretary(Revenue),

Department of Revenue, GNCT of Delhi,

Sham Nath Marg, New Delhi-110054                                         ……...…Respondent

Present:                          None.

Date of hearing:            06.04.2017

           

ORDER

Case No. 4/1209/2016-Wel./CD:

The complainant, vide his complaint dated 29.03.2016 addressed to Hon’ble Chief Minister of Delhi raised the following issues:-

             (i)            That only 21.5 per cent of the persons with disabilities in Delhi have been issued disability certificates as per the report of the Department of Disability Affairs. Thus, the majority of persons with disabilities are not getting their entitlements.  He also alleged that there are instances of corruption in  issuance of such certificates. He suggested that regular camps with adequate publicity should be conducted. (ii)          There is large number of job seekers in the Special Employment Exchange, Directorate of Employment, Govt. of NCT of Delhi to fill 3% reservation.  He alleged that Govt. does not have the data about the persons with disabilities employed. He inter alia suggested that compliance of 3% reservation in government service may be ensured.   (iii)         There are hardly any Govt. buildings / public places like roads/footpaths which are accessible for persons with disabilities particularly those who are on wheelchair and visually impaired. He suggested that the government buildings and public places should follow guidelines for accessibility like proper ramps, signages, slip resistant floors, wide roads, unisex accessible public toilets etc. (iv)      The bus stands are not accessible, the DTC passes for persons with disabilities are not valid for all the DTC buses in Delhi. Delhi Metro is not providing concession to the persons with disabilities. He suggested that audio announcement facility should be provided in the DTC buses and there should be common pass for DTC buses and Delhi Metro.(v&vi)     Most of the persons with disabilities are unemployed and struggling to manage their families. He suggested that persons with disabilities should be considered for inclusion in the EWS category for availing govt. facilities.  All the persons with disabilities who are unable to get gainful employment should be provided maintenance allowance till the time he or she gets employment.

2.               The complaint was taken up with the respondents for taking appropriate action and submitting the reply by 29.04.16 followed by reminders dated 06.05.2016 & 20.05.2016.

3.               Department of Social Welfare, respondent no. 4, vide letter dated 19.04.2016 informed the complainant as under:-

“Point No.3: The procedure for issuing disability certificate has already been simplified. Now disability certificates are issued by single /specialist doctor of the concerned specialty for single disability.Point No. 4.: Department of Social Welfare being the Nodal Deptt., has sent letters to 68 Deptts. In Govt. Of Delhi for identification of 3% post for PwDs,  DO letter has been sent by Secretary(SW) to Secretary (Services)for identification and reservation of 3% posts.  Office of Commissioner, Disability is monitoring the implementation of 3% reservation as per PwD Act across all departments in GNCT of Delhi.Point No.5: Department is taking up the matter with all concerned regarding barrier free environment for persons with disabilities.  The Office of the Commissioner Disabilities, GNCTD is also conducting access audit and implementation of audit report with individual department.  Under Accessible India Campaign 26 building of Delhi State are selected for access audit which is to be completed by July, 2016.
                   They further informed vide letter dated 25.04.2016 that Disability Camps are being held regularly by the department in collaboration with NGOs, Hospitals and other agencies for issuance of disability certificates and other benefits.  In the year 2015-16, 14 such camps were held benefiting approximately 5000 persons with disabilities”.

4.               The Health and Family Welfare Department, respondent no. 2 vide letter dated 27.07.2016 informed that Govt. is considering the problems of common people for getting Disability Certificate and hence the notifications dated 12.02.2014 and 10.09.2014 vide which some Govt. Hospitals had been nominated for issuing the certificates of disability, is being amended and the Govt. Hospitals are now being nominated as assembly constituency-wise.   

   

5.       The Delhi Transport Corporation, respondent no. 3 vide reply dated 23.04.2016 informed as under:-

1.    “Provision of audio announcement in the buses:

Audio announcement in the buses requires GPS System fitted in all the buses with Data Centre/Server duly configured.  The matter of installation of GPS in DTC buses is under consideration by a Committee in the Transport Department, GNCTD and Delhi Dialogue Commission.  In the absence of any direction to install GPS devices in buses from the Transport Deptt., DTC cannot take any action in the matter.

2.    Common Pass for DTC and Delhi Metro:

The work on the project with the name of “Automated Fare Collection System” has already started in DTC.  Pilot in two depots is undergoing and is in the final stage.  After completion of pilot, the project would be rolled out in all the depots and buses.  Use of Smart Card of Delhi Metro as common mobility card in the buses is a part of this project.  The work of integration of smart card of Delhi Metro with this project is also in progress. As per the Schedule given in the contract, the Card of Delhi Metro is to be integrated with the system of DTC by October, 2016.  The efforts to integrate the card are as fast as possible”.    

6.        The Dy. Regional Employment Officer, Data Centre, Employment Deptt., respondent no. 5 informed that they have not received the copy of the complaint.

7.         Respondent no. 1, respondent no.2 and respondent no. 5 were called for hearing on 06.04.2017.

8.       Sh. Virender Singh, SDM-VII, HQ, representative of the Office of Divisional Commissioner-Cum-Secretary(Revenue), Govt. of NCT of Delhi stated that his department is responsible for issuing disability cards to persons with disabilities who have a valid disability certificate.  Often, the persons are not eligible for disability cards as their disability is less than 40%.  Besides this, some issues of change in jurisdiction for issuance of disability cards by the concerned districts (primarily in North District) do arise due to demarcation of the areas of districts. For example, some parts of Rohini fall in North and some fall in North West District.    He further submitted that such issues arise very rarely and are resolved immediately. He suggested that display boards indicating the areas falling under the jurisdiction of that particular district for issuance of disability cards should be displayed in the offices of the District Magistrates/Sub-Divisional Magistrates of all the 11 districts in Delhi. A communication to this effect will be issued by Revenue Department with a copy to this Court within a week.  He also stated that they will also make this information available in their official website.

9.               Neither the reply filed on behalf of respondent no.2 vide letter dated 27.07.2016 addressed the issues raised by the complainant nor the three representatives who appeared on behalf of respondent no.2 could give the information with regard to number of persons with disabilities who have been issued disability certificates in Delhi as on date and whether there are any instances of corruption as alleged by the complainant. However, as per the copy of the letter No. DH&FW-5012/6/2015-Internal Admn-(H&FW)  dated 27.07.2016, Department of Social Welfare has been requested to notify the amended notification to nominate  the Hospitals district-wise as well as constituency-wise for issuing disability certificates. The representatives of respondent no.2 informed that they have not received any response from the Deptt. of Social Welfare. They assured that the number of disability certificates issued by various hospitals will be collected, compiled and then submitted to this Office by the Health and Family Welfare Deptt. Another communication filed in the case is from Dr. B.S.A. Hospital, Rohini which merely says that disability certificates are being issued as per guidelines and time limit specified by the Commissioner for Persons with Disabilities and other procedure as prescribed are being followed.

Case No. 4/1385/2016-Wel/CD

                  The issue involved in this case is identical to the Case No.4/1209/2016-Wel/CD and therefore, this case has been tagged and both the cases are dealt together.  In this case, Sh. Mannu Kumar, who is a person with 42% locomotor disability, vide his complaint dated 17/08/2016 has submitted that he has not been issued SDM Card.  The complaint was taken up with the Divisional Commissioner-Cum-Secretary (Revenue),  Deptt. of Revenue vide letter dated 30.08.2016 with the advice to submit the ATR by 15.09.2016.  SDM-VII, HQ vide his letter dated 08.09.2016 requested Dy. Commissioner(West) to look into the matter and send Action Taken Report to this Court. Reminder dated 10.10.2016 & 29.11.2016 were also issued by that office. However, Dy. Commissioner (West) did not submit the action taken report. A hearing was scheduled on 06.04.2017 which has also proved infructuous in the absence of any information / action taken report by the Dy. Commissioner(West) or anybody appearing on his / her behalf .  It thus, appears that the persons with disabilities are indeed facing problems in getting disability cards not only in North District as submitted by the representative of respondent No. 1 in  Case No. 4/1209/2016-Wel./CD but also in other districts such as District West.  It is, therefore, all the more important that all the concerned officers and staff deployed in various Districts should be appropriately advised and sensitised towards the of persons with disabilities and if needed strict action against the responsible officers/staff should be taken for being insensitive to persons with disabilities.

10.             The respondent is directed to ensure that complainant (Sh. Mannu Kumar) is issued the SDM/Disability Card by 15.05.2017 under intimation to this Court if he is eligible for the same.  If not, then the reason therefore be intimated to him under intimation to this Court by 15.05.2017. 

11.             It is observed that there are genuine issues concerning the issuance of disability certificates and disability cards.  There is a need for systemic improvement in the process of issuing the disability certificates and the disability cards so as to eliminate multiple visits by persons with disabilities to various authorities.

12.        In light of the position brought out above, Respondent No.1 &2 in case No. 4/1209/2016/Wel/CD are advised to take the following measures in addition to the ones suggested by the representative of respondent no.1:

(i) Resolve the doubts about the jurisdiction of the hospitals for issuance of disability certificates and disability cards by administrative authorities through emails, telephone etc. on the spot so that the applicant are not made to undertake multiple visits to various authorities.(ii) Give wide publicity through print and electronic media about the jurisdiction and procedure for getting the disability certificates and disability cards.  Such information should be displayed in large font in the offices of every District Social Welfare Officer/ Sub-Divisional Magistrate/ District Magistrate/ Hospital/ Dispensary at prominent places.(iii) Monitor and maintain the data about the issuance of disability certificates and disability cards through Nodal Officers nominated for the purpose. The information about the number of disability certificates/cards issued every month and the consolidated data as on the last day of the month should also be posted on the websites of Health and Family Welfare Department & the concerned Hospitals and the Divisional Commissioner-Cum-Secretary (Revenue) respectively.
(v) Submit to this Court the copies of the Instructions / directions issued to District Magistrates, Hospitals,  etc. with regard to issuance of disability cards by respondent no. 1 and to the concerned Hospitals with regard to the issuance of disability certificates by respondent no.2  by 15.05.2017.

13.    As regards the issue of reservation of 3 per cent vacancies for persons with disabilities and accessibility of public places, while the action to address the said issues has been taken by the concerned authorities, the complainant is advised to bring the specific cases of non-compliance with the provisions of Section 33 of the Persons with Disabilities Act, 1995 to the notice of this Court so that the same can be taken up with the concerned appropriate authority. 

           The matter is disposed of accordingly.

Given under my hand and the seal of the Court this 21^stday of April,2017.    

                                                    (T.D. Dhariyal )

                                                               Commissioner for Persons with Disabilities

                                                                                                                                   

Chander Pal Singh Vs. Dte of Education | Case No. 4/1334/2016-Wel./CD/ 2619-20 | Dated: 05.04.2017

In the Court of 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 Persons with Disabilities

(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/1334/2016-Wel./CD/ 2619-20                                   Dated: 05.04.2017

In the matter of:

Sh. Chander Pal Singh,

H.No. 1143, MS Old Type -2,

Timarpur,

Delhi – 110054                                                                    .……… Complainant     

                                                   Versus

The Director,

Directorate of Education,

Old Sectt., Delhi-110054.                                                     ……...…Respondent

 

Present:                        Sh. Chander Pal Singh, Complainant.

Smt. Somya Gupta, Director(Education) on behalf of Respondent.

Date of hearing:            29.03.2017

                                                              ORDER

                  Sh. Chandra Pal Singh, a person with blindness submitted a complaint dated 08.07.2016 to this Court.  He submitted that he was working a Vice-Principal and was Head of School upto 02.07.2016 in Sarvodaya Bal Vidyalaya (SBV), Timarpur.  He was transferred to GOC without his consent on 01.07.2016.  His name was also removed from the computer without relieving him. Because of this, he is getting harassment and if the situation continues he will also face financial hardship.  He, therefore, requested that his transfer from SBV Timarpur be stayed.  A copy of the complaint was also received from the Office of the Chief Commissioner for Persons with Disabilities vide their letter dated 11.07.2016.

2.               The complaint of  Sh. Chandra Pal Singh was taken up with the Directorate of Education, GNCT of Delhi vide communication dated 16.08.2016 and an action taken report was sought by 26.08.2016, followed by reminders dated 10.10.2016  and 15.11.2016.  As the action taken report was not received, a hearing was scheduled on 26.12.2016.  Office of the Dy. Director(Education), District (North) vide letter dated 12.02.2017 informed that on the basis of a complaint against Sh. Chandra Pal Singh, Vice Principal, he was transferred and was asked to report to Gazetted Officer Cell (GOC)/DOE(HQ).  Later on an inquiry was instituted under the chairpersonship of the Dy. Director Education (North) which was conducted on 28.07.2016 by the District Office and the financial irregularities were reported to the Directorate with the recommendation to hold a special audit of the School.  A special audit was conducted by the Audit Branch of Directorate of Education from 22.08.2016 to 26.08.2016. It is further stated that a show cause notice was issued to the complainant by Special Director(Vig.) on 10.11.2016 to which he submitted reply on 23.11.2016.  The Dy.Director(Education), District  North further submitted that the reply submitted by Sh. Chandra Pal Singh was under examination and further action shall be taken in accordance with CCS (Conduct )Rules. His pay however has been adjusted from SBV, Sham Nath Marg. 

3.         The Dy. Director Education, North vide letter dated 18.02.2017 informed that the case of financial irregularities against the complainant was pending in the Head Office. Therefore, they are unable to take any decision regarding his representation for posting to SBV Timarpur and requested for rescheduling the hearing after one month.  During the hearing on 21.03.2017, the complainant expressed concern about too much time being taken to take action on the inquiry report.  The respondent was, therefore, given another opportunity to be present on 29.03.2017 for hearing.  

4.         In response to the proceedings dated 21.03.2017, the respondent submitted a copy of letter No. F. 23/Trf./posting/2015/Edn./GOC/3837 dated 28.03.2017.  As per the said letter, the complainant while working as Head of Office / DDO in SBV Timarpur had withdrawn Rs. 3,50,000/- without any details / bills and without seeking approval of the competent authority and without the knowledge of the cashier of the school and SMC Members regarding the work to be done through VKS funds.  Being Head of Office, he was authorised to utilise amount of Rs. 50,000/- only.  Subsequently, an Inquiry Committee was constituted to observe the irregularities for withdrawal of Rs. 3,50,000/- with  the prior approval of the Director (Education).  Further, Director (Education) ordered his transfer from SBV Timarpur and he was posted to GOC (HQ), which is also near to his residence.  As regards his disbursement of salary, he has been posted in Sarvodaya Vidyalaya, Sham Nath Marg-1207107  vide order dated 22.09.2016 for pay purpose, which is also near to his residence.  The final outcome of the inquiry was yet to be received.

5.         During the hearing on 29.03.2017, the respondent clarified that the complainant has not so far been issued any charge-sheet and he had also not been suspended. They also stated that the post of Vice Principal in SBV Timarpur School is vacant and the question of his transfer to a school can be considered only after the decision of inquiry.  

6.         It is observed that though the complainant has started receiving his salary yet he is not able to discharge the duties of the post he holds as he is attached to GOC.  It is also observed that the respondent had initiated action on 30.06.2016 by transferring him to GOC.  He has also submitted the reply to the Show Cause Notice on 25.11.2016 and has not been communicated the decision so far causing him mental tension as  has not been assigned any work and the outcome of the inquiry is not known.

7.         The complainant’s contention as also mentioned in his letter dated 10.03.2017 is that the special audit in connection with the financial irregularities was conducted during 22.08.2016 to 26.08.2016 and the inquiry was also completed by the department on 26.08.2016. So, there is no technical issue for changing his present posting from SBV Timarpur.  He further contends that the place he has been shifted is crowded and there are chances of accidents due to his blindness, whereas the SBV Timarpur is just behind his residence.  He alleges that his opponents have falsely fabricated the charges.  He, therefore, requests that he should be posted to SBV Timarpur as soon as possible.

8.         In the facts and circumstances of the case, it would be in the fitness of things to post the complainant preferably to a school close to his residence including SBV, Timarpur as per the policy and assign him the work of the post he is holding.  The inquiry may also be finalised within the prescribed time limit.  Action taken report be submitted to this Court by 18.04.2017.

            The matter is disposed of accordingly.

Given under my hand and the seal of the Court this 05th day of April, 2017.     

                                                                (T.D. Dhariyal )

                                                                Commissioner for Persons with Disabilities

Yogender Singh Vs. Dte of Edn | Case No. 4/1111/2015-Wel./CD/ 2614-15 | Dated: 03.04.2017

Case Summary

Employment, MACP, Complainant, represented by NFB is a Music Teacher with the respondent and is a person with blindness. The complaint is about non-grant of MACP due in 2008. Respondent submits that his ACRs were lost, hence no decision could be taken on his MACP.  Despite lapse of 9 years when the MACP is stated to be due to the complainant and six month from the date  when the school finally submitted the case to the Dy. Director(Zone –VII),a decision  on grant of MACP to him is still pending. Court felt this was a matter of concern and called for a systemic change in the approach the cases of persons with disabilities were dealt. Respondent directed to take a decision on grant of MACP within 2 weeks.

Order/Judgement

In the Court of 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 Persons with Disabilities

(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/1111/2015-Wel./CD/ 2614-15                                   Dated: 03.04.2017

In the matter of:

Sh. Yogender Singh,

Govt. Co-Ed Sarvodaya Vidyalaya,

Roop Nagar-4, Delhi.

(Through Sh. Inder Singh, National Federation of Blind)         .……… Complainant     

                                                                          Versus

The Director,

Directorate of Education,

Old Sectt., Delhi-110054.                                                         ……...…Respondent

 

Present:                         None.

Date of hearing:             24.03.2017

          

ORDER

            National Federation of the blind submitted a complaint dated 12.09.2015 to the Commissioner for Person with Disabilities, Govt of N.CT of Delhi alleging that Sh. Yogender Singh,  a person with blindness working as Music Teacher since 1998 had not been granted MACP which was due to him in 2008. The said Sh. Yogender Singh was posted to Govt. Co-Ed. Sarvodaya Vidyalaya, Roop Nagar No-04 Delhi. It was further submitted that the ACRs of  Sh. Yogender Singh had been lost by S.K.V. Prashant Vihar, where he was posted earlier. Due to loss of ACRs ,  Sh. Yogender Singh had been deprived of his right to MACP. The Camplainant  therefore, sought the intervention of  this Court and prayed to  issue direction to the Department of  Education to grant MACP to Sh. Yogender Singh from 2008 when he become entitled to the same alongwith  payment of arrears.

2.         Though it was mentioned that the complaint was  under section 59 of the Persons with Disabilities Act, 1995 read with Rule 42 of the Persons with Disabilities Rules which relate to the Chief Commissioner for  Persons with Disabilities, the complaint was taken up vide  communication dated 17.09.2015,  with the direction to  the respondent to submit comments by 1.10.2015 followed by a reminder dated 6.10.2015.

3.         The office of Special Director of Education vide letter dated 28.09.2015 asked the Dy. Director of Education, Distt North to submit comments to this Court followed by a  reminder dated 13.10.2015.  Dy Director of Education,  Zone – 07 vide E-mail dated 21.10.2015 submitted the copies of the correspondence exchanged between Govt. Sarvodaya Co-ED. Vidyalaya, Wazirpur Village,  and R.S.V, Roop Nagar, which indicate that the ACRs of Sh. Yogender Singh  prior to 2006-07 were not available as Sh. Yogender Singh had not submitted them. The Office of the Dy. Director of Education, Zone-07 District North vide letter 29.10.2015 also forwarded the copies of  the same communications without indicating as to what action was being taken to grant MACP to Sh. Yogender Singh.

4.         In his rejoinder dated  01.12.2015, the complainant  submitted that the Schools are blaming each other for loss of his ACRs and that it was the responsibility of  the Department of  Education to find out the truth so that he did not become a victim. He requested  that Offices of the  concerned Zone and Prinicipals of  the Schools  be called to resolve the issue amicably. The said rejoinder was sent to the respondent and an action taken report was sought by 9.12.2016. As no report was received, a hearing was scheduled on 17.01.2017.

5.         On 17.01.2017 Dy Director of  Education, Zone -07 endorsed letter No. RSV No. 4/RN/2017/04 dated  04.01.2017  of  RSV No-04 Roop Nagar addressed to Dy Director Education Zone -07, Distt North to this Court  as the ATR till that date. In the said letter the Prinicipal of RSV No-04, Roop Nagar, has stated as under :

1)            Sh. Yogender Singh, (I.D – 19987505), Mu. Tr. has joined this school on 01.08.2014.
2)            The school has received ACR folder in r/o the said employee from G.S.Co-Ed. Vidyalaya, Wazirpur Village, Delhi for the period 2006-07 to 2012-13 ( Copy of letter enclosed).
3)            ACR’s prior to the period 2006-07 and the year 2013-14 was not provided by the previous school.
4)            The school has sent letter to the previous school i.e G.S. Co.Ed Vidyalaya, Wazirpur Village, Delhi for requirement of ACR’s prior to 2006-07 (Copy of letter enclosed)
5)            The school has received reply from the G.S.Co Ed. Vidyalaya, Wazirpur Village, Delhi that the ACR’s prior to 2006-07 are not available with them as the employee has not submitted the ACR’s. ( Copy of letter enclosed )
6)            ACR’s for the period 2014-15 & 2015-16 are available in this school.
7)            We would like to inform you that MACP case in respect of Sh. Yogendra Singh, Mu. Tr. has already submitted on 21.09.2016 in Distt North vide File No. RSV No. 4/RN/2016/1440 dated 21.09.2016 which is under consideration with the department for grant of MACP”.

 6.         The case was posted for hearing on 24.03.2017. On 24.03.2017, both the parties telephonically sought adjournment on the ground that   DPC for grant of  MACP to the complainant is scheduled to be held on 7^th April, 2017.

7.               It is observed from the record available in the file that the grant of MACP stated to be due since 2008 to  Sh.Yogender Singh,  who is a person with blindness  has been delayed due to his missing ACRs prior to the  year 2006.  It has been also observed that school / authorities have been shifting the responsibility for so long causing inordinate avoidable delay.  It is seen from the letter dated 04.01.2017 of the Principal, RSV-4 Roop Nagar, Delhi addressed  to the Dy. Director(Zone-VII),District North, Directorate of Education that the MACP case of the complainant had already been submitted to District (North) on 21.09.2016 vide file No.  RSV/No.4/RN/2016/1440, which was stated to be under consideration with the Department.

8.               Despite lapse of 9 years when the MACP is stated to be due to Sh. Yogender Singh and six month from the date  when the school finally submitted the case to the Dy. Director(Zone –VII),a decision  on grant of MACP to him is still pending. This is a matter of concern and calls for a systemic change  in the approach  the cases of persons with disabilities are dealt.

9.               In the facts and circumstances of the case, the respondent is directed to ensure a decision on grant of MACP to Sh. Yogender Singh by 14^th April, 2017 and submit a copy of the order to this Court through the fastest means of communication viz. email / fax.  The respondent is also advised to take appropriate action to sensitise / train the concerned officials to be more responsive and sensitive while dealing with the service matters of the employees with disabilities.  Action  taken in this regard be also intimated to this Court by 30.04.2017.

9.               The matter is disposed of accordingly.  Given under my hand and the seal of the Court this 3^rd day of April 2017.     

           (T.D. Dhariyal )

                                                            Commissioner for Persons with Disabilities