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By exercising the quasi-judicial powers vested in the Chief Commissioner for Persons with Disabilities, grievances of many aggrieved persons withe disabilities, their familiies and NGOs have been redressed. In addition, the Chief Commissioner on his own initiative registered complaints/cases against establishments whose actions were in violation/non-implementation of statutory provisions and adminsitrative arrangements meant for persons with disabilities.

To facilitate the process, the office has developed a comprehensive format of notice to show cause, which gives brief facts, the position of law, the violation committed and also the course of remedial action by the respondent organization.

Education

Case No.10034/1032/2018

Dy. Inspector general N.V. Narasimha, TM, Coast Guard Headquarters, New Delhi submitted a representation dated  17.07.2018 requesting that his son, Master Venkatesh Nanduri, a child with 50% Intellectural Disability, needs to pursue  Class 10th exam through National Institute of Open Schooling.  The petitioner requested this Court for admission of his son to Class 10th at Mata Bhagwanti Chadha Niketan, a charitable school at Noida who was providing education and various training for children with disabilities to develop their ability and preparing them for Class 10th exam under NIOS. 

The matter was taken up with the Principal, Mata Bhagwanti Chadha Niketan.  The Principal vide his letter dated 22.10.2018 intimated that Master Venkatesh had been admitted in their school on 24.08.2018.  

Case No. 870/1041/2014 -

Shri Sandeep Kumar, Welfare Officer, O/o Commissioner for Persons with Disabilities, Govt. of NCT of Delhi vide letter dated 24.01.2014 has forwarded a copy of the representation dated 11.01.2013 of Ms. Pooja Sahai regarding non-implementation of the guidelines for conducting written examination for persons with disabilities by the Staff Selection Commission(SSC) while conducting examination of Combined Higher Secondary Level on 10.11.2013 and not to repeat such instance in the ensuing examination to be conducted by SCERT. The matter was taken up with the Chairman, State Council of Educational Research and Training (SCERT), DOP&T and SSC vide this court letter dated 05.03.2014. Director, SCERT vide letter no. F.(2)/SCERT/Exam/2010/2133-34 dated 18.06.2014 informed that SCERT has implemented the guidelines after approved by Secretary Education-cum-Chairperson, SCERT and circulated vide letter no. F.8 (1)/Exam.Cell/ SCERT/ 2010/175-220 dated 07.05.2014 to all DIETs and Pvt. Recognized institutes affiliated to SCERT.

Case No. 2407/1041/2014 -

Ms. Kruti Beesam, a person with 70% cerebal palsy filed a complaint dated 17.07.2014 regarding facility of scribe in Civil Services Examination. She has submitted that her hands and legs are affected with cerebal palsy. Though she can write with right hand but the pace is slow and she cannot mark perfectly in OMR sheet even upon getting the extra time. She had made written request to Secretary, UPSC and the Under Secretary, UPSC on 30.06.2014 & 14.07.2014 respectively but of no avail. The matter was taken up with the Secretary, UPSC vide letter dated 06.08.2014 directing that the request of Ms. Kruti Beesam may be considered in the light of guidelines issued by Deptt. of Disability Affairs. Under Secretary, UPSC vide letter no. 1.1(23)/2014-Exam XXI dated 21.08.2014 informed that the Commission has allowed Ms. Kruti Beesam to avail the assistance of the scribe and also compensatory time for Civil Services Examination. Ms. Kruti Beesam also vide her e-mail dated 01.09.2014 thanked this court for taking up the matter with UPSC which enabled her to write the exam with the help of a scribe with extra time.

Case No. 10415448 -

Delhi Subordinate Services Selection Board (DSSSB), Delhi was not extending the facility of scribe to persons with disabilities other than those having 100% visual impairment. As a result, Ms. Garima Chauhan and Mr. Sunil Kumar (having 90% visual disability), and Ms. Monu Gupta (having cerebral palsy ) were not allowed to appear in the exam as they were denied the benefit of scribe for TGT (Music) examination held on 13.07.2008 and Primary Teachers examination held on 15.06.2008 respectively. After intervention of the Chief Commissioner, DSSSB modified its policy for scribe as well as conducted re-examination of all the three candidates.

Case No. 7/1041/08-09 -

On intervention of Chief Commissioner for persons with disabilities, Ms. Lata Kumari, a person with locomotor disability (quadriparesis) was allowed extra time @ 20 minutes per hour i.e. fifty minutes extra time each in morning and afternoon session on 18/01/2009 for writing her examination by D.S.S.S.B.

Case No. 10324071 -

Chhatrapati Shahu Ji Maharaj University was not extending relaxation in marks at par with SC/ST candidates to persons with disabilities belonging to General and OBC category. On intervention of Chief Commissioner for persons with disabilities Ms Sangita Batham, a student with visual disability was given admission in B.Ed course after extending relaxation in marks.

Case No. 10313944 -

The then Chief Commissioner for persons with disabilities vide order dated 08.09.2007 in matter of Shah Afzal vs MCI & others had advised MCI to extend relaxation in marks at par with SC/ST candidates to persons with disabilities belonging to Gen/OBC categories but the same was not implemented by the respondents. Hence the complainant as well as MCI moved Hon'ble High Court of Delhi (case nos W.P.(C) 1352/2008 & 6759/2008). Hon'ble High Court of Delhi vide order dated 03.02.2009 decided that the eligibility criteria for physically handicapped candidates in the General category be also lowered to 45% for all medical courses to serve the above objectives of the Disabilities Act, 1995 in true spirit. It is also condended that this recommendation also pertains to Under Graduate Medical Courses.

Case No.10345655 -

Master Udit Babbar student of Class IX in Kendriya Vidhyalaya, Rohini was allowed to take up alternative subjects viz Introductory information Technology and Hindustani Music (Vocal) and study the same privately in accordance with circular dated 13.02.2008 at CBSE.
Shri Parimal Lokhande, a person suffering from cerebral palsy submitted his complaint stating that CBSE is denying 3% reservation under section 39 of the PWD Act in AIEEE by not providing them relaxations at par with other candidates with disabilities belonging to SC/ST categories and are de reserving the seats meant for students with disabilities after first counseling. The matter was taken up with the Central Counseling Board, Ministry of HRD and the CBSE and after holding a couple of personnel hearings, direction was issued to consider the candidature of the complainant for lateral entry into his choice of institution in the second year as per the rules after extending the relaxation in qualifying marks at par with SC/ST to candidates with disabilities.

The directions of the Chief Commissioner regarding extending of relaxations in marks at par with SC/ST and giving lateral entry to the student were also upheld by Hon'ble High Court of Mumbai, Nagpur bench. As a result, Shri Parimal Lokhande was admitted in the second year of B.E. programme in the VNIT, Nagpur.

Shri Shambhu Nath Deshmukh, father of Master Mudit, a child with hearing impairment submitted his complaint regarding denial of admission of his son by the Delhi Public School, Madoda, Bhillai. The matter was taken up with the School through the Commissioner for Persons with Disabilities, Govt. of Chhattisgarh whereafter Master Mudit was admitted in the School. Similarly 3 children with disabilities in Madhya Pradesh have been admitted in Kendriya Vidayala on intervention of the Chief Commissioner.

Upon taking cognizance of the apparent violation of section 39 of the PWD Act, 1995 in the Admission Notification published by the Northern India Institute of Fashion Technology, Mohali, Punjab, a show cause notice was issued. As a consequence, provision of reservation for students with disabilities was incorporated in the advertisement by the institute and Ms. Bhawana Bhalla, a student with disability was admitted against the reserved seats in Fashion Retail Management in the same academic session. Similarly Shri Pradeep Kumar was admitted in the Post Graduate Diploma Course in Plant Protection by the National Plant Protection Training Institute, Hyderabad, against the reserved seats for persons with disabilities.
Master Bitto was admitted in Kendriya Vidyalaya due to intervention of Chief Commissioner during mobile court at Bihar.

Case No.10315583 -

Master Ankur Singla is a child with hearing impaired who stood 1st in the merit list of persons with disabilities in Bachelor of Fine Arts ( Painting Course) from Jamia Millia Islamia University. But he was denied admission in Bachelor of Fine Arts (Painting Course) on account of his disability and ability to communicate in Hindi language. He was given admission in the above course after the intervention of Chief Commissioner.

Employment

Case No. 561/1011/10-11 -

Dr. Deepak Singh, a person with 55% locomotor disability filed a complaint dated 24.01.2011 against the Coal India Limited before the Chief Commissioner for Persons with Disabilities under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as the Act regarding violation of Section 33 of the Persons with Disabilities Act, 1995. The matter was heard on 11.04.2012 and vide Record of Proceedings dated 07.05.2012 the appointing authority in Coal India Limited was advised to re-examine the matter in the light of the provision of para 22 of DOP&T�s OM dated 29.12.2005 and consider appointment of the complainant against one of the 10 vacancies reserved for persons with disabilities so as to fill up as many vacancies for persons with disabilities as possible. As nothing has been heard from either of the parties, the General Manager (Pers./Rectt.), Coal India Limited was requested vide this court�s letter dated 19.05.2014 to intimate the present position of the matter to this court. Coal India Limited in response to this court�s letter dated 19.05.2014 has informed that Dr. Deepak Singh has been appointed in Coal India Limited as Senior Medical Officer in E3 grade and posted at Central Coalfields Limited.
 

Case No. 966/1011/13-14 -

Shri Subhash Chandra Vashishth, Advocate filed a complaint vide his e-mail dated 04.04.2013 under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 regarding provision of 1% reservation only to persons with orthopedically handicapped instead of 3% reservation to persons with disabilities in Kerala Judicial Service. He submitted that Hon�lble High Court of Kerala published a notification no. REC4-5384/2013 dated 21.03.2013 inviting applications for filling up of 74 posts of Munsiff- Magistrates in Kerala Judicial Service. Out of 74 posts, only 1% reservation was provided to persons with orthopedically handicapped persons. He also alleged that the impugned notification restricted the visually impaired candidates to apply for the said post. The matter was taken up with the Registrar, High Court of Kerala vide this court�s show cause notice dated 16.04.2013. After various correspondence, the case was fixed for hearings on 15.10.2013, 21.11.2013, 23.01.2014 & 23.06.2014. The matter was disposed of vide this court�s order dated 21.07.2014 stating that it is the prerogative of the appropriate Government within the ambit of Section 32 of the Act to take a decision and that the matter will be considered by the full bench of the Hon�ble Kerala High Court on 24.06.2014 and the G.O will be issued by the Government of Kerala as intimated by the Additional Chief Secretary, Govt. of Kerala vide his letter dated 20.06.2014 thereby allowing low vision candidates for the said post.

Case No. 10115124 -

Chief Commissioner had advised National Dairy Research Development (N.D.R.I.) and I.R.I. to extend the benefit of age relaxation in accordance with para 16 of DOP&T.s O.M. dated 29.12.2005 against contractual appointments made by them in the projects i.e. against vacancies of Senior Research Fellow and Junior Research Fellow. The respondent went in appeal against those directions which were dismissed vide order dated 11.11.2008 by the Hon'ble High Court of Delhi in (WP( C) No. 7952/2008). In compliance, the respondents are now extending age relaxation to persons with disabilities while making short time contractual appointments for various projects.

Case No. 10145035 -

Shri. D.C. Tripathi was denied appointment on compassionate grounds on account of his disability. After the intervention of Chief Commissioner, he has been appointed as Assistant at carrier Agent Branch under KMDO-1, LIC, Kolkota on 6.12.2008.

Case No. 18/1012/08-09 -

Shri Kalu Ram Meena who was denied the benefit of relaxation in medical standards and appointment against the post reserved for persons with disabilities in Group 'C' by Northern Railways, was sent for training for the post of E&RC. Shri Mukesh Kumar Meena who was similarly denied the benefit of relaxation in medical examination was appointed on intervention of the Chief Commissioner.

Shri Deepak Singharay, a person with hearing impairment was selected for a Gp 'C' post against a vacancy reserved for persons with disability in the Western Railway in the year 2000-01, but was not issued appointment letter on the ground that Shri Singharay is not a person with hearing impairment. The matter was brought to the notice of the Chief Commissioner in July 2007, who observed that the definition of Hearing Impaired adopted by Railways is not in line with the PWD Act and thereby directed the railway authorities for immediate appointment of Shri Singharay. As a result, appointment letter was issued to Shri Singharay in December 2007.

Smt. Mamta Verma, a person with hearing impairment and The Secretary General of the All India Confederation of the Blind filed her complaint alleging that Kendriya Vidyalaya Sangathan (KVS) is not giving reservation to persons with hearing impairment in appointment to the post of Librarian, which is suitable for such persons. The matter was taken up with the KVS, who issued the appointment letter to the complainant.
The Secretary General of the All India Confederation of the Blind alleged that Kendriya Vidyalaya Sangathan (KVS) has rejected the candidature of Ms Sangeeta Sharma, a person with visual impairment for the post of Junior Stenographer despite performing well in the written and the skill test. The matter was taken up with the KVS, who issued the appointment letter to Ms. Sharma.
 


  • Food Corporation of India Ltd. reserved & advertised 8 vacancies for persons with disabilities in Group 'A' vide their advertisement in Employment News dated 26.07.2008.

Case No. 561/1011/10-11 -

Dr. Deepak Singh, a person with 55% locomotor disability filed a complaint dated 24.01.2011 against the Coal India Limited before the Chief Commissioner for Persons with Disabilities under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as the Act regarding violation of Section 33 of the Persons with Disabilities Act, 1995. The matter was heard on 11.04.2012 and vide Record of Proceedings dated 07.05.2012 the appointing authority in Coal India Limited was advised to re-examine the matter in the light of the provision of para 22 of DOP&T�s OM dated 29.12.2005 and consider appointment of the complainant against one of the 10 vacancies reserved for persons with disabilities so as to fill up as many vacancies for persons with disabilities as possible. As nothing has been heard from either of the parties, the General Manager (Pers./Rectt.), Coal India Limited was requested vide this court�s letter dated 19.05.2014 to intimate the present position of the matter to this court. Coal India Limited in response to this court�s letter dated 19.05.2014 has informed that Dr. Deepak Singh has been appointed in Coal India Limited as Senior Medical Officer in E3 grade and posted at Central Coalfields Limited.

Case No. 1140/1011/2014 -

Shri Subhash Chandra Vashishth has filed a complaint dated 13.03.2014 on behalf of Shri Akhilesh Kumar Dahiya, a person with blindness against the action of Institute of Banking Personnel Selection thereby restraining the affected person for appearance in interview for the post of Law Officer on the ground of non-identification of post for visually impaired candidates. The matter was taken up with the IBPS vide this Court�s letter dated heard on 14.03.2104. IBPS vide its letter dated 27.05.2014 has informed that they have called all the three candidates with disabilities for the interview and selected the affected person in the instant case namely Shri Dahiya in Allahabad Bank.

Case No. 10115061 -

Cotton Corporation of India Ltd., appointed one person from O.H. and one person from V.H. against Group 'C' posts. They are also undertaking Special Recruitment Drive to fill shortfall of 5 vacancies for persons with disabilities. They have also selected 1 hearing impaired person against Group 'D' posts.
 

Case No. 10113986 -

Hindustan Paper Corporation Ltd. appointed 3 persons with disabilities viz Shri Gangopadhyay , Shri K. Babaji and Shri Rajkumar Dutta as Executive Trainees in different disciplines against reserved vacancies.
 

Case No. 10114001/2007 and 10114027/2007 -

Similarly, Himalayan Forest Institute, Simla, appointed Shri Mohammed Nishar Alam to the post of Research Assistant Grade I. They have also rectified their reservation rosters and cleared the backlog.
 

Case No. 10112980/05 -

Steel Authority of India Ltd., 12 attendants from Junior staff Assistant and 3 attendant from technician in the physically handicapped category so as to clear part of their backlog.
Corrigenda to the advertisements providing for reservation to persons with disabilities were been issued by AFMC, Pune.
 

Case No. 10113178/2006 -

Indian Plywood Industries Research and Training Institute Mumbai, has appointed four persons with disabilities in Group 'C' and 'D' posts so as to clear their backlog for persons with disabilities

Case No. 10112980 -

Bhilai Steel Plant of SAIL has recruited 15 persons with disabilities in August-December, 2008 to clear the shortfall in reservations to persons with disabilities in Group 'C'.
 

Case No. 10115061 -

The Cotton Corporation of India Ltd. has appointed 3 persons with disabilities in December, 2008. (Case No. 10115061)
 

Medical Reimbursement for Cochlear Implants

Medical Reimbursement for Cochlear Implants

The matter regarding non-sanction of expenditure/advances towards cochlear implants to children of government servants suffering from hearing impairment, namely - Master Pankaj Yadav S/o Sh. Virender Singh; Ms. Kirti D/o Loknath Gulati , Km. Bhavya Sharma D/o Sumedha Sharma, Baby Deepika D/o Sh. Ashok Kumar Yadav and Master Akash Agarwal son of Sh. Virender Aggarwal was taken up with the Directorate of Central Govt. Health Scheme (CGHS) and Ministry of Health & Family Welfare, as a result of which advances for procurement of Cochlear Implants at the ceiling rate of Rs.4.8 lakhs or actual, whichever is less, as per the existing guidelines of Department of Health was sanctioned to all the complainants .

Miscellaneous Issues

Disability Certificate (Case No. 2094/1121/2014) -

Shri Anil Bharat Kapur, a person with disability vide his e-mail dated 07.06.2014 has submitted that he hold a certificate of 47% disability issued by Orthopaedic Deptt.., Hedgewar Hospital, Delhi for his defective Spine Surgery. To obtain a Multiple Disability Certificate, he applied at Safdarjung Hospital. In-spite of attending two Medical Boards the certificate has not been issued to him. The matter was taken up with the Medical Superintendent, Safdarjung Hospital vide this court�s letter dated 25.06.2014. CMO (MRD & TC) vide letter no. 2-20/14-MR (MDB) dated 08.07.2014 has informed that certificate was received in their Department from Urology Department on 12.06.2014 and was issued on 13.06.2014 to the person concerned.

Denial of ATM Card (Case No. 1262&1280/1102/2014)

Shri George Abraham, CEO, Score Foundation vide his e-mail dated 21.04.2014 has informed that Shri Sanjay Kumar and Shri Rahul Kumar Mandal, persons with visual impairment are the customers of State Bank of India, in the State of Jharkhand, Siwandih City branch. He was denied facility of ATM card, although he has given the circulars of RBI and IBA to the branch manager who refused to issue ATM card and asked him to produce one witness whenever he has to withdraw money from bank. The matter was taken up with the Chairman & Managing Director, State Bank of India vide this court�s letter dated 23.04.2014. The General Manager (NBG � Coordination), State Bank of India vide letter no. NBCS/RJT/14-15/778 dated 23.05.2014 has informed that their Siwandih branch has also arranged for ATM card to Shri Sanjay Kumar. Shri Sanjay Kumar vide his letter dated 10.05.2014 submitted to Branch Manager, Siwandih has shown his satisfaction and has withdrawn his complaint. Shri Rahul Kumar Mandal vide his letter dated 30.04.2014 has stated about the receipt of ATM PIN and resolution of the complaint.
 

Accessible facilities (Case Number: 2301/1023/2014)

Shri V.Shyam, a person with 60% locomotor disabilities, filed a complaint dated 30.06.2014 regarding mental harassment by BSNL Mysore, SSA management by not providing proper infrastructure and also treat his break period from 04.10.2013 to 14.02.2014 as commuted leave and payment of his salary. The matter was taken up with the BSNL vide this office letter number dated 14.07.2014. BSNL vide its letter no. 14-09/2013-SEA-BSNL(Part) dated 09.09.2014 redressed the grievances of the complainant which was further confirmed by the complainant vide his letter dated 27.11.2014.

Other Grievances

Scholarship to the students with disabilities (Case No. 872/1033/2014) -

Shri Vivek Singh, a person with disability filed a representation dated 02.01.2014 regarding non-disbursement of money by Ministry of Social Justice & Empowerment to the students with disabilities under RGNF Scholarship Scheme. The matter was forwarded to the Ministry of Social Justice & Empowerment, Department of Disability Affairs for taking necessary action vide this court�s letter dated 12.08.2014.
Under Secretary, DD IV, Department of Disability Affairs, Ministry of Social Justice & Empowerment vide letter no. 22-09/2010-DD-III dated 26.08.2014 informed that the matter has been looked into in consultation with the Canara Bank who is designated to disburse the fellowship amount to the beneficiary. Shri Vivek Singh has been paid Rs. 5.06 lakh so far in respect of the RGNF fellowship.

Accessible facilities (Case Number: 2301/1023/2014) -

 

Shri V.Shyam, a person with 60% locomotor disabilities, filed a complaint dated 30.06.2014 regarding mental harassment by BSNL Mysore, SSA management by not providing proper infrastructure and also treat his break period from 04.10.2013 to 14.02.2014 as commuted leave and payment of his salary. The matter was taken up with the BSNL vide this office letter number dated 14.07.2014. BSNL vide its letter no. 14-09/2013-SEA-BSNL(Part) dated 09.09.2014 redressed the grievances of the complainant which was further confirmed by the complainant vide his letter dated 27.11.2014.

Other Grievances

Apart from the above mentioned nature of complaints, the office of Chief Commissioner gets complaints regarding various other matters like harassment/ discrimination/ misbehavior; preferential allotments; loan & related matters; cheating/breach of contract/ mis-utilization of funds/malpractice, property disputes, accessibility, benefits under various schemes etc. During the year 253 complaints on such issues were registered.

Case No. 11022791 -

The orders of the Chief Commissioner for extending cheque book, operation of ATM and other banking facilities to persons with visual disabilities were reinforced by RBI vide circular no RBI/2007-08/358/ DBOD No. Leg.BC.91/09.07.005/2007-08 dated 4th June 2008.

Department of Pension and pensioner's Welfare vide notification no 1/18/01- P& PW (E) dated 25.4.2008 amended Rule 54 of CCS (Pension) Rule, 1972 to bring it in consonance with the provisions for issue of disability certificate under the Persons with Disabilities Rules, 1996.
 

Case No. 11015506 -

 

In compliance to directions of the Chief Commissioner, Directorate of Civil aviation, New Delhi has amended CAR Series 'M' part I and rule 133 A of the Aircraft Rules, 1937 with inclusion of sub rule (3) which directs every person to comply with directions issued by DGCA such as CARs.

Shri Ajit Kumar Sachan, a person with visual impairment complained that he was not being allowed to appear in the entrance test for B.Ed. by Dayal Bagh Educational Institute, Agra on the grounds of his disability and requested for direction to the institute on the matter and for the facility of scribe. The matter was taken up with the institute. Accordingly, admit card was issued to the complainant and a writer was provided, which eventually resulted in him getting selected for the course in the quota reserved for persons with disabilities.

Shri Keshu Ram, a person with disability, submitted that DSSSB is not allowing him to appear in the examination for recruitment to the post of P.G.T. The matter was taken up with the Board who agreed to provide age relaxation to persons with disabilities as admissible under the rules and issued admit card to the complainant.

Pension to disabled dependents

Pension to disabled dependents

Inclusion of the name of MR son in the P.P.O for lifetime family pension

Case No. 43/1121/12-13 -

Shri P.M.K Rao, filed a complaint dated 24.04.2012 regarding inclusion of the name of his son with mental retardation in the P.P.O for lifetime family pension. He submitted that he retired from Railways in 2002. His son Shri P. Srinivas is a person with mental retardation. Though as per the disability certificates dated 10.06.2002 and 04.11.2005 issued by East Coast Railways, he cannot earn his livelihood. The matter was taken up with the CMS & Chairman, Medical Board, East Coast Railway vide letter dated 26.06.2012. Considering the complainant�s rejoinder dated 14.07.2012 a hearing in the matter was fixed on 13.09.2012. After the hearings in the matter on 13.09.2012, 05.11.2012 & 10.09.2013, the respondent was directed to bring out appropriate modifications in the relevant formats and practices. Divisional Personnel Officer, East Coast Railway vide letter no. WPE/22/WHH/14C/7157 dated 28.05.2014 informed that the name of the mentally retarded son of Shri P.M.K Rao has been incorporated in his P.P.O and the FA & CAO (Pension), East Coast Railway, Bhubaneswar issued a revised PPO No. 347/2002 having such incorporation.

Promotion and shifting to other post on acquiring disability

Case No. 10400/1021/2018

Shri Sanjay Chopra is a person with 90-100% hearing impairment.  He vide his complaint dated 28.09.2018 submitted that he is working as Postal Assistant at New Subjimandi Post Office, Delhi since 28.02.2006. His practical training at Agra HO was from 16.11.2005 to 30.11.2005. The period of Induction Training of Postal Assistant (PA) was from 05.12.2005 to 10.02.2006. His period of Practical Training at Agra Fort was from 13.02.2006 to 27.02.2006.  His date of regular appointment in P.A. as Direct Recruitment (DR) was 28.02.2006 and his pay was fixed on 28.02.2006 as per 6th CPC.  His next increment was on 01.07.2007. Later his increment date was corrected as 01.07.2006 and also subsequent entries was also corrected in Service Book. As per Department of Post's letter dated 14.10.2013, in case of Direct Recruitment, the training period, prior to posting, is taken into account for calculating service (min. six month) for drawing increments.  He joined on 16.11.2005 for induction training to P.A.  Therefore, he had completed six month of service before 01.07.2006 and was eligible for drawing increment on 01.07.2006.  In his Service Book, he found that pay fixation entries was corrected after incorporating his Direct Recruitment on 01.07.2006.  But he says that entries made in Service Book of pay fixation from 04.05.2011 to 01.06.2018 was not included.   The correct entries and pay was shown with one less increment.  His pay was fixed on granting 1st MACP w.e.f. 28.02.2016 @ 35,900/-. He submitted that his pay should have been fixed from 01.01.2016 @ Rs.35, 300/-.

The matter was taken up with the Chief Postmaster General, Delhi vide letter dated 26.03.2019. The Chief Postmaster General, Delhi vide letter no. Acct/Misc-SC/19-20 dated 29.05.2019 submitted that the status of the case of Shri Sanjay Chopra was called for from the concerned Controlling Authority, i.e. SSPOs, Delhi North Division.  As per the report received from SSPO North Division, it is revealed that Shri Sanjay Chopra had submitted the revised option for fixation of pay under FR 22 (1) (A) (1) within one month from the date of issuance of DoP&T O.M. No.13/02/2017-Estt.{Pay I] dated 28.08.2018 to the concerned DDO Ashok Vihar.  The option has been accepted by the DDO Office and his pay has been re-fixed from 01.07.2016.  The pay & allowances arrears has also been paid to the official vide bill no. 95 dated 16.03.2019 and the same has been intimated to Shri Sanjay Chopra.

Case No. 137/1021/10-11 -

Shri Udai Raj Singh, a person with hearing impairment, filed a complaint dated 27.07.2010 regarding his promotion to the post of Assistant in Ordnance Clothing Factory, Ministry of Defence, Shahjahanpur, UP. The matter was taken up with the respondent 13.09.2010 followed by various hearings on 09.02.2011, 06.09.2011, 09.04.2014 and orders were issued on 17.04.2014. In compliance to the orders of this Court, as communicated by the respondent vide letter No. Estt/431/DPC dated 09.07.2014, the review DPC was conducted and as per recommendations, the complainant along with other 2 persons with disabilities who have approached this Court on earlier occasions have been promoted to the post of Assistant from 17.02.2005 against PwD Quota.

Promotion and shifting to other post on acquiring disability

Shri K. Jayakumar, Addl. Engineer/Elec., Conveyor Erection Yard, Mines-I, Neyveli Lignite Corporation Limited met with an industrial accident on 23.8.2001 and acquired disability. Though he was continued in employment against a supernumerary post, he was not assigned any work, made to sit separately in a garage converted as office room for him and was denied time-bound promotion on grounds that he had not worked for prolonged period and hence did not have ACR with 'good' rating for substantial part of the qualifying period. On intervention of the Chief Commissioner Shri Jaykumar was gainfully employed as Administrative Officer of the General Hospital and assigned the works relating to supervision, monitoring, exercising control over the billing operations etc. He was given time bound promotion on the due date.

Reaching the Unreached

Reaching the Unreached

Because of lack of awareness and poverty in general and mobility in particular, persons with disabilities from smaller towns, villages and remote areas cannot reach Delhi or the State Capitals To ensure access to grievance redressal mechanism under the Act, the Chief Commissioner for Persons with Disabilities undertook to organize Mobile Courts in state capitals and district headquarters alongwith the concerned State Commissioner, Disabilities. These Joint Mobile Courts of Chief Commissioner and the State Commissioners, Disabilities in different parts of the country have proved very useful. Officers of concerned departments, such as Social Justice, Education, Rural Development, Transport, Health, Personnel, Public Works Department, Panchayati Raj and District Collectors, etc. are called at the venue of Mobile Courts to facilitate redressal of grievances.

On the appointed day, persons with disabilities or their representatives submit their complaints. Those who cannot write are helped by the staff of office of CCD and State Commissioner, Disabilities to draft their complaints. Such complaints are registered and heard by the Chief Commissioner and the Commissioner, Disabilities. Availability of concerned officers of the district in the Mobile Courts helps in passing orders immediately. In most of the cases, orders are handed over to the complainants by end of the day or are dispatched later. The concerned authorities are asked to comply within a stipulated period generally not exceeding 30 days.

Reinstatement after retirement on acquiring disability

Case No. 9487/1023/2018

Shri Anoop A.G., person with 75% visual impairment had filed a complaint dated 11.01.2018 against relieving him from services.

The matter was taken up with the Respondent vide letter dated 04.06.2018. The DGM & CDO, SBI, Local Head Office, Chennai vide letter no. HR:IR 1645 dated 01.08.2018 submitted that the complainant joined as Clerk in the State Bank of Travancore, Thiruvanchoor Branch on 01.10.2009.   He was later promoted to the Officer cadre and was posted as Assistant Manager at Simmakkal Branch.   After the merger of associate bank, all employees of the associate banks were given an option to accept an offer of employment in State Bank of India on the terms and conditions enumerated in the offer letter.   There were three options given to the employees of associate banks to select.   Option ‘A’ refers to acceptance of terms and conditions of employment in SBI with terminal benefits of SBI.  Option ‘B’ was in relation to acceptance of the offer of employment in SBI with terminal benefits that of the associate bank, i.e. State Bank of Tranvancore and Option ‘C’ stipulated for option to reject the offer of employment in State Bank of India.  Employees who chose ‘Option C’ would be discontinuing his service from the bank with terminal benefits of State Bank of Travancore.   The complainant selected ‘Option C’. The Chief General Manager, SBI, Local Head Office, Chennai vide letter no. HR:LAW:3772 dated 07.01.2019  informed this Court that the Bank has accorded approval for reinstating Shri Anoop A.G. in the Bank’s and has advised Shri Anoop A.G. to report for duty at RBO, Nagercoil immediately.

Service Matters

Case No. 9224/1024/2018

Shri Manjunath Seheshadri, a person suffering from 80% disability submitted that he has been appointed in SBM Bank under PH quota and posted as Associate at State Bank of India, Brindavan Extension Branch in Mysuru.   He made a complaint in this Court vide his email dated 08.01.2018 regarding non reimbursement of money spent by him on his Spectacles by his Bank.  The SBI turned down his request and found him not eligible for reimbursement of cost of Spectacle.

The matter was taken up with the Chairman, State Bank of India vide letter dated 13.02.2018. The SBI vide letter dated 27.03.2018 informed this Court that they have reimbursed a payment of Rs.11,500/- to the complainant towards the cost of his Spectacle.

Case No. 2257/1024/2014 (Transport Allowance) -

Shri Devinder Kumar, a person with 80% disability, filed a complaint dated 17.05.2014 regarding non-payment of Transport Allowance at double the normal rate by Kendriya Vidyalaya Sangthan(KVS). The matter was taken up with the KVS vide this court�s letter dated 04.07.2014. KVS vide its order No. 32029/Admn/2014/KVS/GGN/3453-54 dated 16/17.06.2014 sanctioned Transport Allowance double the normal rates retrospectively w.e.f 01.12.2008.

Case No. 404/1024/2013 -

Shri Satvir Ninania, a person with 50% locomotor disabilities, filed a complaint dated 30.08.2013 regarding some relaxations from KVS, Delhi regarding invigilation duties, short break between 2-3 periods and Western Style toilets. The matter was taken up with the KVS vide this office letter dated 19.03.2014. KVS Delhi vide its letter dated 02.06.2014 has taken required actions as requested by the complainant and redressal of grievances.

Transfer

Case No. 10417/1022/2018

Shri Suresh Chand Goel suffering from 55% hearing impairment vide his complaint dated 08.10.2018 submitted he is posted in Delhi and he came to know that some eligible staffs including him are being transferred outside Delhi.

The matter was taken up with the Respondent vide letter dated 30.10.2018. The Dy. General Manager, Punjab National Bank vide his letter no. HRMD/MR/TRFL/GS dated 05.11.2018 has submitted that Shri Suresh Chand Goel (Empl. Id : 73915) was previously posted at Zonal Office Delhi for 10 years in different branch/offices in Delhi. Since his stay in Delhi was more than 11 years, i.e. w.e.f. 27.11.2016, the Bank accordingly transferred him to its Muzaffarnagar Circle vide Order dated 07.07.2018. The complainant submitted his VRS application dated 04.07.2018. To serve the notice period of 3 months of service on account of his VRS application, his transfer was withheld and he was allowed to work at Zonal Office, Delhi.   On enquiry by their Zonal Office, it was confirmed that the complainant can perform his duties with the help of hearing aid.   The competent authority felt that the complainant is misutilizing the guidelines issued by the GOI for PwDs. A hearing was scheduled on 21.01.2019 and the Respondent Bank was recommended to accommodate the complainant near to his place of residence in Delhi. The complainant vide his letter dated 12.03.2019 informed that Punjab National Bank complied the order of the Court and he was reverted from Muzaffarnagar to Delhi and has joined his duties.

Case No. 10417/1022/2018

Shri Suresh Chand Goel suffering from 55% hearing impairment vide his complaint dated 08.10.2018 submitted he is posted in Delhi and he came to know that some eligible staffs including him are being transferred outside Delhi.

The matter was taken up with the Respondent vide letter dated 30.10.2018. The Dy. General Manager, Punjab National Bank vide his letter no. HRMD/MR/TRFL/GS dated 05.11.2018 has submitted that Shri Suresh Chand Goel (Empl. Id : 73915) was previously posted at Zonal Office Delhi for 10 years in different branch/offices in Delhi. Since his stay in Delhi was more than 11 years, i.e. w.e.f. 27.11.2016, the Bank accordingly transferred him to its Muzaffarnagar Circle vide Order dated 07.07.2018. The complainant submitted his VRS application dated 04.07.2018. To serve the notice period of 3 months of service on account of his VRS application, his transfer was withheld and he was allowed to work at Zonal Office, Delhi.   On enquiry by their Zonal Office, it was confirmed that the complainant can perform his duties with the help of hearing aid.   The competent authority felt that the complainant is misutilizing the guidelines issued by the GOI for PwDs. A hearing was scheduled on 21.01.2019 and the Respondent Bank was recommended to accommodate the complainant near to his place of residence in Delhi. The complainant vide his letter dated 12.03.2019 informed that Punjab National Bank complied the order of the Court and he was reverted from Muzaffarnagar to Delhi and has joined his duties.

Case No. 2118/1022/2014 -

Ms. Aparana Mahajan, a person with 40% locomotor disability filed a complaint dated 02.06.2014 regarding her transfer to Hoshangabad. The matter was taken up with the Chairman & Managing Director, BSNL vide this court�s letter dated 15.07.2014 followed by a reminder dated 18.09.2014. The Chief Liasion officer (SCT), BSNL, Corporate Office vide letter no. 25-05/2013-SCT-SG/770 dated 29.09.2014 has intimated that CGMT, MP Telecom Circle has informed that the transfer order of Ms. Aparana Mahajan has been kept in abeyance.

Case No. 2445/1022/2014 -

 

Ms. Manjula Patankar, Director, Roshni Ramakrishna Ashram vide her e-mail dated 18.07.2014 has forwarded a complaint of Shri Pramod Trivedi, father of Master Pulkit Trivedi, a child suffering from severe autism, who was posted as SDE at BSNL, Gwalior. Shri Pramod Trivedi was transferred to BSNL Manendragarh, Chhattisgarh. Shri Trivedi�s son is undergoing treatment at Roshni Ramakrishna Ashram for regular intensive special programme for infants with autism since September, 2013. The complainant wishes to go back to Gwalior to look after his family and ailing child. The matter was taken up by this Court vide letter dated 26.08.2013 with the CMD, BSNL. The Asst. General Manager (Pers II) vide O.N. No. 1-7/2014-Pers.II dated 15.09.2014 conveyed to this court that BSNL has decided to transfer Shri Pramod Trivedi from Chhattisgarh to M.P. Circle. Ms. Manjula Patankar vide her letter dated 25.10.2014 thanked this Court for intervening in getting transfer of Shri Trived from Chattisgarh Circle to M.P. Circle.

Case No. 18/1022/08-09 -

In terms of the instructions issued by DOP&T and the State Governments for posting employees with disabilities near their home towns, most Organizations considered genuine requests of the employees and posted them in/near their home towns. Viz Shri Anand Bandhu Das was promoted to the post of Office Superintendent Grade I by CPWD New Delhi and was retained in the same office; ONGC considered the request of Shri Vishnu Patel for transfer to Ahemadabad, favorably

Conduct of Examination

Case No.10354/1041/2018

Shri G. Sivasankar, a person with 67% locomotor disability (cerebral palsy) from Krishna District (Andhra Pradesh) complained that the National Testing Agency was conducting the UGC-NET December 2018. At Point 10 Provisions for Persons with Disability of the Information Bulletin for UGC-NET December 2018, only visually challenged candidates who have 40% or more disability were allowed to be provided scribe/reader on the request of the candidate.  No other candidates with disabilities were allowed to avail the facility of scribe/reader.  The said provision was in violation to the ‘Guidelines for conducting written examination for Persons with Benchmark Disabilities’ issued by the Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice & Empowerment, vide Office Memorandum No.34-02/2015-DD-III dated 29.08.2018. 

The matter was taken up with the National Testing Agency and advised to implement the “Guidelines for conducting written examination for persons with Benchmark Disabilities” and modify the ‘Provisions for Persons with Disability’ at Point 10 of the notification.  Accordingly, the National Testing Agency noted the complaint and allowed Shri G. Sivasankar to avail the services of scribe along with compensatory time on the basis of the disability certificate.

Case No.10532/1041/2018

Shri Akhilesh Bhambri, a person with 40% locomotor disability (both upper limbs) from Udaipur (Rajasthan) was going to appear in GATE 2019 (Electrical Engineering).  He requested to provide him compensatory time as per the ‘Guidelines for conducting written examination for Persons with Benchmark Disabilities’ issued by the Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice & Empowerment, vide Office Memorandum No.34-02/2015-DD-III dated 29.08.2018.

The matter was taken up with the Organizing Chairman – GATE 2019 – Indian Institute of Technology Madras.  The disability of Shri Akhilesh Bhambri was considered and he was allowed to avail compensatory time of 20 minutes per hour exam for GATE 2019.