Please try to copy paste the link text. Sometimes it gets broken into two lines in emails. Copyig it again here. http://dl.dropbox.com/u/2875242/CCPD%20Judgement%20in%20the%20NTPC%20Conveya nce%20Scheme%20case.pdf
-----Original Message----- From: accessindia-boun...@accessindia.org.in [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Dinesh Sent: 15 March 2012 20:48 To: accessindia@accessindia.org.in Subject: Re: [AI] Good news for disabled employees of NTPC Ltd. good news. But that dropbox link isn't working. ----- Original Message ----- From: "Himanshu Sahu" <sahu.himanshu2...@gmail.com> To: <accessindia@accessindia.org.in> Sent: Thursday, March 15, 2012 8:38 PM Subject: Re: [AI] Good news for disabled employees of NTPC Ltd. > Great judgement! > I remember that few months back on the AI list itself, the same issue > was discussed vehemently. The issue was raised by one of the VI > employees of NTPC. > > I had strongly recommended for the legal remedy in the matter since it > is a blatant abuse of the spirit of equal opportunity and justice. > > However, the suggestion of legal remedy was opposed by another NTPC > employee and one of the honoured list member saying that dragging > family (organisation) in the court being a family member oneself is > not desirable. > > Nevertheless, the judgement will be proved a milestone in the endless > struggle of disabled for getting equal opportunity, justice, > recognition and their due respect in the society. > > Thanks to disability for acting posibively for disability! > > > On 3/15/12, Prashant Ranjan Verma <pr_ve...@hotmail.com> wrote: >> >> >> 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 >> >> > > > -- > Thanks and regards > Himanshu Sahu > Reach: 09051055000 > Skype: himanshu.cute4u > > > 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 > 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. 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