Hi all,
In a case that we filed sometime earlier CCPD has delivered a great
judgement. It will benefit more than 450 persons with disabilities
working
at NTPC who were facing discrimination and exclusion. This case may be
cited
by employees of other organizations who are facing similar issues.
The judgement text is copied below. You can get its signed copy from this
link.
http://dl.dropbox.com/u/2875242/CCPD%20Judgement%20in%20the%20NTPC%20Conveya
nce%20Scheme%20case.pdf
OFFICE OF THE CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES
Ministry of Social Justice and Empowerment, Govt, of India
Case No. 157/1023/11-12 Dated : 27.02.2012
In the matter of:
Smt. Nirupama J. and Others
....Complainants
B-17, NTPC Ltd/FGPS
FGPS Township, Mujedi P.O.
Neemka, Faridabad-121 004
Versus
NTPC Limited ....
Respondent
Through: Executive Director (HR)
NTPC Bhawan, SCOPE Complex
7, Institutional Area, Lodhi Road,
New Road, New Delhi -110003
Date of hearing : 27.02.2012
Present:
(i) Shri. T.K. Sit, Manager (HR), NTPC. New Delhi.
(ii) Shri. Chandramauli S.J., Sr. Manager (HR), NTPC, New Delhi.
(iii) Ms. Nirupama J., A.O. (Finance Deptt.), NTPC, Faridabad.
(iv) Ms. Veena Mehta Verma, Officer (HR), NTPC, Badarpur, Delhi.
(v) Shri. Prashant Ranjan Verma.
ORDER
The complainants, in this case filed a complaint dated 06.09.2011 before
the
Chief Commissioner for Persons with Disabilities under the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 referred to as 'Act' regarding non-reimbursement
of
conveyance expenses to employees with disabilities in NTPC.
2. Except Shri Prashant Verma, all the three complainants are stated to
be
the employees of NTPC. They have submitted that they are not being
reimbursed the conveyance expenses.
As per them, the scheme of expenditure for local travel for official
purposes provides for reimbursement of the petrol expenses only if the
employee has a vehicle registered in his/her name and he/she holds a
valid
driving license. As many person with disabilities neither can drive nor
can
get a valid driving license even though they may be owning
two-wheelers/cars, they are not being reimbursed the conveyance expenses.
3. The matter was taken up with NTPC Limited vide letter dated 04.10,2011
4. The respondent vide their letter no.01:HR-Policy:7(16.1) dated
17.11.2011
submitted that the current pay structure and allowances of employees in
NTPC
is based on the DPE guidelines dated 26.11.2008 regarding revision of
scales
of pay w.e.f. 01.01. 2007 for Central Public Sector Enterprises. These
DPE
guidelines do not provide for special payment of transport allowance to
persons with disabilities.
5. The complainants in their rejoinder submitted that the transport
allowance comes under 47% perquisites is applicable to all NTPC
employees.
The existing scheme is applicable to all NTPC executives and workmen.
They
are requesting for waiving the condition of having a self valid driving
license."" As per them a scheme which is meant for all employees should
not
have eligibility conditions which exclude 450 odd employees with
disabilities. This has resulted in substantial financial loss and
deprivation of rights of persons with disabilities. Persons who cannot
drive
themselves, should be allowed to produce the valid driving license of the
person who drives their vehicle. The complainants have enclosed a copy of
the scheme in Satluj Jal Vidyut Nigam Limited, a public sector
undertaking.
6. Upon considering the written submissions of the parties, a personal
hearing was scheduled for 27.02.2012.
7. During the hearing the representative of the respondent submitted that
employees with disabilities can avail the company vehicle in the event of
undertaking any local travel for official purpose. He also clarified that
while non-disabled employees of the company have an option to avail the
reimbursement of expenditure for local conveyance for official purpose,
employees with disabilities do not have any option. He further stated
that
under the current norms of the company, only thosg employees who own a
vehicle and who have a self valid driving license are eligible to get the
benefit of reimbursement of expenditure for local conveyance for official
purpose.
8. The complainants highlighted the following points:
(i) That many employees with disabilities including those with visual
impairment, naturally cannot drive the vehicle which they may own. Hence
to
deprive them of the option of availing the benefit of the reimbursement
of
expenditure for local travel for official purpose is discriminatory and
exclusionary.
(ii) While one or two employees with disabilities are getting the option
of
the said reimbursement, most are not. There may be situations where even
persons without disability may not like driving their own vehicles or
such
persons who may temporarily be disabled or unfit.
(iii) The complainants also cited the norms being followed by other
public
sector undertakings such as Gas Authority of India Limited (GAIL),
Hindustan
Petro Chemical Limited (HPCL) etc which do not require a self valid
driving
license for availing similar facilities / schemes.
(iv) One of the complainant Ms. Nirupama J. submitted a copy of a
relevant
note sheet to substantiate her statement that the concerned authorities
had
turned down her request for allowing her to opt for reimbursement of
expenditure for local travel for official purpose.
(v) The complainants also submitted that they were not asking for any
special payment. On the contrary they were only asking for facilities and
options which are available to employees without disabilities.
9. In this view of the matter, the complainants have prayed for
modification
of the relevant norms requiring self valid license as an essential
eligibility criteria for availing the said facilities. They further
prayed
that they be allowed this facility on and from the date they were
entitled
to such facilities and that employees with disabilities should have the
same
option which the employees without disability have on an equal basis.
10. In the facts and circumstances stated above, and upon meticulous
examination of averments / submissions of the complainants and the
respondents, we feel that NTPC, by their act of institutionalizing
discriminatory and exclusionary norms is depriving its employees with
disabilities the option and the facility of getting the reimbursement of
expenditure for local travel for official purposes and have acted against
the established and recognized" norms of propriety and natural justice.
Since NTPC has demonstrated openness in the matter of employing persons
with
disabilities, it is all the more expected of NTPC to ensure that its
policies acquire a human face. It would also be in the fitness of things
for
us to observe that complainants are not asking for any extra and special
favour. All that they are asking for is a modification in their existing
norms so that the self valid driving license is not mandatory for an
employee with disability for availing the facility of reimbursement of
expenditure of local travel for official purpose as stated above.
11. In view of the matter the case is disposed of with the following
directions to respondent:
i) Modify the existing and relevant guidelines / norms / policies
envisaged
including the eligibility criteria contained in paragraph 3 of the scheme
of
reimbursement of expenditure for local travel for official purposes in a
manner that it unambiguously ensures option to employees with
disabilities
to avail the facilities / schemes of reimbursement expenditure for local
travel for official purpose on equal basis with employees without
disabilities and this modification must be made effective on and from the
date from which it was made available to the employees without
disabilities.
ii) Further the directions as envisaged in (i) above must be implemented
within a period of two months from the date of receipt of this order by
the
respondents under intimation to this Court.
(P.K. PINCHA)
Chief Commissioner for Persons with Disabilities
Search for old postings at:
http://www.mail-archive.com/accessindia@accessindia.org.in/
To unsubscribe send a message to
accessindia-requ...@accessindia.org.in
with the subject unsubscribe.
To change your subscription to digest mode or make any other changes,
please
visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
