Saturday, June 24, 2017

Sh. Shankar Lal Vs. Dte of Education | Case No. 4/1271/2016-Wel./CD/879-880 | Dated: 23.06.2017




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. 4/1271/2016-Wel./CD/879-880                     Dated: 23.06.2017

In the matter of:

Sh. Shankar Lal,
Andh Vidayalaya Punchkuyian Road,
New Delhi-110001.                                                        .………Complainant                                                                                 
                                                                      Versus
The Director,
Directorate of Education,
GNCT of Delhi, Old Sectt.,
Delhi-110054.                                                                …...…Respondent

                                                                        
Present:                     Sh. Shanker Lal,  Complainant.
Sh. Pawan Kumar, DD E (ASB)
Ms. Nirupma Abhyankar, DEO Zone -26. and Sh. Manjeet Hooda, Supdt. ASB on behalf of  Respondent.

Date of hearing:       21.06.2017

ORDER

              During the last hearing on 03.05.2017 the respondent submitted the written submission dated 02.05.2017 vide which, it was inter-alia informed that the matter was subjudice as all the inmates of Andh Maha Vidyalaya Punchkuian Road have filed three writ petition in the Ho’ble High Court of Delhi. The complainant in this case namely Sh. Shanker Lal, Harish Chander and Dinesh Kumar are also the petition in WP(c)No.1723/2017-Harish Chadra & ors V/s L.G & Ors. The next date of hearing is that case is 12.07.2017. They also informed that on the last date of hearing Hon’ble High Court appointed Sh. S.K. Rungta,  Sr. Advocate, Supreme Court of  India,  the Local Commissioner to verify the facts.

              Sh. Shanker Lal, the complainant confirmed the position as stated by the representative of the respondent during the hearing today.

              As the matter is pending before the Hon’ble High Court. The proceeding in the case is closed.

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

Wednesday, June 21, 2017

Sh. Jagdish Vs. Executive Engineer, Building Department | Case No. 4/899/2015-Wel/CD/ 787-88 | Dated: 20.06.2017




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. 4/899/2015-Wel/CD/ 787-88                         Dated: 20.06.2017

In the matter of:

Sh. Jagdish
H.No-139, Phase -01
Sector-3, J.J.Colony
Dwarka PaPan Kalan
New Delhi – 110059.                                  ……..Complainant

                                          Versus

Sh. Ajay Gautam
Executive Engineer
Building Department
Room No.121-122(Najafgarh Zone)
Zonal Office Building
Near Dhasa Stand
Najafgarh, New Delhi -                               ………Respondent

ORDER

          The above named complainant, a person with visual impairment vide letter dated 02.02.2015 submitted that Sh. Badri Prasad, H.No-140, Phase -01, Sector -3, J.J.Colony, Papan Kalan has constructed a wall in front of his house. House No.-A-139, Phase No-01, Sector -03, J.J.Colony, Dwarka. That had blocked the way to his house.  He also submitted another complaint regarding removal of khokha of the complainant and four others by the officials of MCD and the police. He requested for allotment of PCO booth to all the concerned persons with disabilities.

2.       The complaint was taken up with the SDMC vide letter dated 13.02.2015. The respondent  vide letter dated 20.04.2015 informed that the name of the petitioner does not exist in the list of applicants for PCO booth which was received from CL&EC department. As regards H.No A-139, J.J.Colony, Dwarka, Papan Kalan, the same was under jurisdiction of  Najafgarh Zone, SDMC.

3.       Hearings were held by the then Commissioner for persons with disabilities on 06.04.2015, 07.05.2015, 06.06.2015,15.06.2015, 27.07.2015,18.08.2015, 30.09.2015, 2.11.2015 and 02.12.2015. The Asstt Engineer(Building-02), Najafgarh Zone( SDMC) informed vide letter dated 01.12.2015 that the building department had executed the partial demolition at the property no. 140, J.J.Colony, Sector -03, Dwarka with the help of local police on 01.12.2015. The wall in front of the complainant’s house was demolished. The SHO had been requested to direct the patrolling staff to keep strict vigil so that owner/ builders may not do unauthorized construction.

In the light of this,  the complaint is closed and dispose of accordingly. 



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


Thursday, June 15, 2017

Gopal Sahu Vs. Commissioner MCD | Case No. 1(377)Grv./12-13/CD/751-52 | Dated: 14.06.2017




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. 1(377)Grv./12-13/CD/751-52                                    Dated: 14.06.2017

In the matter of :

Sh. Gopal Sahu
E-119/17-B, Ravidas Camp
Near Mother Diary
Parpargang, Delhi -92                                                             . ........Complainant 

Versus

The Manish Gupta
Commissioner MCD
South Zone9th Floor,
SPM Civic Centre
New Delhi – 110002                                                      .........Respondent 

ORDER

          The above named complainant with visual impairment vide his complaint received on 12.03.2013 submitted that he was permitted to run the PCO booth at Sarita Vihar, A block market, gate no - 1. The South Municipal corporation permitted him to run the booth. As the gate was closed, his earnings reduced and he could not pay the rent of Rs. 3600/- from April 2011 to March 2013. He has been asked to pay Rs. 6210/- which is includes fine. The complainant  requested to get the amount of the fine waved off.

2.       The complaint was taken up with the respondent vide letter dated 02.04.2013 followed by reminders dated 10.05.2013 and the hearings thereafter. The respondent vide letters dated 19.11.2013, 21.11.2013, 27.11.2013 and 26.03.2014 inter-alia informed that in compliance with the direction of the Commissioner for Persons with Disabilities during the hearings, the request of the complainant for exempting the late fee was considered. But the same could not be exempted. As regards closure of the gate, a representation from Residents Welfare Association was also received alleging that the complainant had shifted the PCO booth and that the booth was allotted by MCD against the law.  It was further alleged that the complainant was misusing the booth by selling Gutka, Cigarettes,  etc through an opening from the boundary wall. The Association requested to direct MCD to shift the booth from their pocket to legally permissible site. 

3.       The respondent vide letter dated 23.07.2015 informed that the complainant had filed a case in Hon’ble High Court of Delhi. Thereafter the then Commissioner for Persons with Disabilities scheduled hearings on 30.07.2015 and 29.10.2015. However, the complainant did not attend.  In fact, the complainant did not attend any of the  hearings on 07.10.2014, 30.12.2014 and 10.03.2015 also.

4.       As the complainant has approach to the Hon’ble High Court of Delhi and he has not been attending the hearings, the case is closed.       

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





Wednesday, June 14, 2017

Raj Kumar Singh Vs. Dte of Education | Case No. 4/1372/2016-Wel/CD/747-48 | Dated: 13.06.2017



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. 4/1372/2016-Wel/CD/747-48               Dated: 13.06.2017

In the matter of :

Sh. Raj Kumar Singh
PGT Physics,
DAV Sr. Sec. School, Jangpura                                        ........Complainant

Versus
The Director
Directorate of Education,
Old Secretariat,
New Delhi – 110054                                                        ........Respondent
  
ORDER

A complaint dated 12.02.2016 submitted by the above named complainant, a person with 52% loco motor disability regarding delay in releasing his salary, etc and mistreatment was taken up with the respondent vide communication dated 18.08.2016 followed by the reminders.

2.       The respondent vide letter dated 18.02.2016 informed that the salary for the month of December, 2016 and January, 2017 which was pending due to some technical problems had been credited to the complainant’s account. The bonus has also been credited to the staff account of DAVSSS,  Jangpura, where the complainant is working and the school would pay the amount to him. The issues concerning DA arrear, Medical Bills and deduction of NPS have also been sorted out. The complainant vide his letter dated 19.05.2017 also informed that all issues have been resolved, after the intervention of the office of the Commissioner for persons with disabilities.  He is fully satisfied with the action.  He request to close his case.

3.       In light of the above, the case is closed and disposed of accordingly.

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

       

Anil Kumar & Suraj Kumar Vs. South Delhi Municipal Corporation | Case No. 4/1149/2015-Wel./CD/ 744-45 | Dated: 13.06.2017



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. 4/1149/2015-Wel./CD/ 744-45                  Dated: 13.06.2017

In the matter of :

Sh. Anil Kumar & Suraj Kumar,
D-251, Khanpur, J.J.Colony,
New Delhi – 110062.                                                      ........Complainant
Versus

Sh. C. Udai Kumar,
Zonal Office South Zone,
South Delhi Municipal Corporation
Green Park, New Delhi -110016.                                    ........Respondent
                                                                                                                  
ORDER

          A joint complaint dated nil of the two brother Sh. Anil Kumar 76% locomotor disability and Sh. Suraj Kumar 75 % locomotor disability  received on 29.10.2015 regarding seizure of their Rehri, was taken up with the respondent vide communication 2.11.2015 followed by hearings on 10.11.2015 & 24.11.2015.

2.       The respondent vide letter dated 03.12.2015 informed that the seized items and the Rehri of  the complaint had  been released on 10.11.2015.

3.       The complainant who was contacted on telephone also confirmed that seized items had been released by the respondent. In view of this, the complaint is  closed and disposed of accordingly.


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


Tuesday, June 13, 2017

Ambika Prasad Singh Vs. Dte. of Education | Case No. 4/980/2015-Wel/CD/ 705-706 | Dated: 12.06.2017




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. 4/980/2015-Wel/CD/ 705-706                 Dated: 12.06.2017
In the matter of:

Sh. Ambika Prasad Singh
Plot No. 316, Gali No. 12
Sant  Nagar  Burari, Delhi – 110084.                              ……….Complainant            

Versus
The Director
Directorate of Education
Old Secretariat, Delhi – 110054.                                   …………Respondent

ORDER

            The above named complainant a person with blindness vide his complaint dated 12.05.2015 submitted that he was working as PGT  (Political science) at GBSSS Model Town No.-02. In spite of having hundred percent result, the Vice Principal graded him ‘average’ in his ACR, 2012 – 2013. Due to that he was not getting MACP. He further submitted that he made number of representations which remained unresolved. He therefore requested to take action against Ms. Seema Kumar, the Vice Principal who graded him ‘average’ and to direct the department to review the remarks in his ACR so that he could get his second MACP. He also requested that appropriate compensation for economic loss and mental harassment should be given to him.

2.         The complaint was taken up with the respondent vide communication dated 03.06.2015 followed by reminders. As there was no response, hearings on 02.09.2015, 08.09.2015 and 29.09.2015 were held by the then Commissioner for Persons with Disabilities. The complainant vide his letter dated 17.09.2015 submitted that although his complaint against Smt. Seema Kumar was pending in this court for misusing her powers in making wrong remarks in his ACR, her name had been included in the list of Vice Principal for promotion to the post of Principal issued by Directorate of Education vide circular dated 14.09.2015. He requested to stay the process of promotion of Smt. Seema Kumar to the post of Principal. 

3.         After his letter dated 17.09.2015, hearing was held on 29.09.2015, which the complainant did not attend. Directorate of Education vide letter dated 11.12.2015 informed that the matter of up gradation of his ACR was under process. A copy of Directorate of Education letter dated 11.12.2015 was forwarded to the complainant for his comments. As no response has been received from the complainant the case is closed and disposed of accordingly.    
   
              Given under my hand and the seal of the Court this 7th day of June, 2017.     


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

Saturday, June 10, 2017

S.G.S. Sisodia Vs. Dte. of Education | Case No. 4/998/2015-Wel/CD/ 695-96 | Dated: 09.06.2017







             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. 4/998/2015-Wel/CD/ 695-96                   Dated:  09.06.2017

In the matter of:

Sh. S.G.S. Sisodia
General Secretary
Indian Association of  the  Blind
S.K – 33, Sindhora Kalan Village
Delhi – 110052.
Versus

The Director,
Directorate of Education
Old Secretariat, Delhi – 110054.

ORDER

            Sh. S.G.S Sisodia, General Secretary of Indian Association of the Blind vide complaint dated 27.05.2015 submitted that Sh. Trepen Singh Music teacher and Smt. Kanta Devi, UDC ( both visually impaired ) were working in GGSSS, Nathu Pura Delhi since the posting of Smt. Kanchan Atri, Vice Principal they are being harassed by her.  She was not even granting Child Care Leave to Smt. Kanta Devi, The Vice Principal always directs her to teach students and do the visiting work. He further, stated that Smt. Kanchan Atri, comments that it is great loss by providing job to blind persons as they do nothing and take salary. Although the association tried to sort out the issue on telephone, Smt. Atri did not listen to them.

2.         The complaint was taken up with the Directorate of Education, vide communication dated 04.06.2015. The Respondent vide letter dated 17.06.2015 informed that as the Head clerk of the school informed that Smt. Kanta Devi was not able to do any ministerial work, she could take two or three absentee periods. As per her request she was given to two or three absentee periods. As regards her application for CCL,  she had not given any ground and therefore she was asked to apply for earned leave which was sanctioned. The brother of Mrs. Kanta Devi, abused Smt. Atri and threatened her to complain against her to the Indian Association of the blind.

3.         With regard to the complaint of Sh. Trepan Singh,  the respondent stated that the previous HOS, Mrs. Saroj Kumari, gave him ‘average’ grading because he did not organise assembly, music system during the assembly as per record.  Even VCR had not been purchased. He did not use Harmonium during the assembly. It was further stated that Smt. Atri gave him all guidance for organising the prayer and provided him all facilities like music system, cassette, P T drum etc,  yet he did not take any initiate and the assembly was being organised with the help of other teachers. Despite all this he was given ‘good’ and ‘very good’ ACR. The reply of the respondent was forwarded to the complainant for comments vide letter dated 23.06.2015.

4.         The complaint  forwarded the comments of Mrs. Kanta Devi and Sh. Trepen Singh (vide letter dated 05.07.2015).  Smt. Kanta Devi has stated that she requested for CCL to look after her daughter therefore it was wrong to say that she had not mentioned the ground for CCl. She also denied threatening by her brother.   Sh. Trepen Singh refuted the contention of  Ms. Atri and stated that proper music system was not provided and harmonium was of lowest quality. Smt. Atri did not consult him to purchase the harmonium.  His students win the prizes but Smt. Atri  humiliates him for not getting first prize. The complainant also submitted that Smt. Atri should be transferred from Nathu pura school and  a high level inquiry should be set up to find out the facts as the other staff is afraid of her and would not reveal, the truth the then Commissioner for Persons with Disabilities observed that the grievance of visually impaired teachers/vice principals were not being effectively and adequately addressed and therefore convened a meeting with Secretary Education and Director of Education so that a robust mechanism was put in place to resolve such matters.

5.         The respondent vide letter dated 11.12.2015 informed that the ‘average’ grading in the ACR of  Sh. Trepen Singh had been upgraded to ‘good’. The Respondent also clarified that ‘average’ grading was awarded to him by the previous Principal and not Smt. Atri. As regards the demand for transfer of Smt. Atri,  the respondent stated that she was running the school well with progressively improved results, besides participation in Republic Day Parade. Further, the parents did not want her to be transferred.

6.         As regards Ms. Kanta Devi, she was advised to write an application to convert her earned leave into CCL.  When she applied for it, her earned leave was  converted into CCL.

7.         Vide letter dated 11.05.2017,  the complainant was advised to submit  his comments on the reply dated 11.05.2017 of the respondent by 26.05.2017, failing which the case would be treated as closed. As no comments have been received from the complainant, the case is closed and disposed of accordingly.           
    
               Given under my hand and the seal of the Court this 9th day of June, 2017.     

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