hello,
just a small correction in my query. as i have stated that "There are
more than half of the quarters are vacant in my project." i have
stated this based on my personal observation. so i would like to
simply modify my query that if there are quarters vacant can i insist
them to extend the same facility as provided to the physically
challenged employees in other projects?
thanks,
mukesh.

On 3/15/12, mukesh jain <mukesh.jai...@gmail.com> wrote:
> Hello sir,
> It’s certainly a great move for all of us and long awaited relief. I
> do take the opportunity to express my sincere thanks for undertaking
> this noble cause witch will benefit for lot many people.
>
> I would also like to know about one issue faced by me and several
> others like me working in my project.
>
> As you may be aware that we have been provided the staff quarters as
> per the entitlements of each employee as per policy framed by ntpc for
> allotment of quarters.
>
> As per the grade, we have been allotted the quarter A type which is
> equivalent to 1 BHK. Keeping in mind the visual impairment and the
> difficulties of moving around in such a small area available in the
> quarter and lack of space for accommodation to stay with our dependent
> parents, various employees of ntpc from their projects had approached
> their management to kindly consider the request of allotting the b
> type quarter equivalent to 2BHK to them as special consideration.
> Along with the said request, they had also asked the management to
> provide the intercom facility in the quarter as provided to other
> senior employees so as to be benefited in contacting the various
> services like complaint for civil work, hospital emergencies,
> electricity in case we are not able to accompany the escorts to reach
> them personally.
>
> As a matter of gesture, the management of ntpc at various projects
> accepted the said demand and allotted the b type quarter to all the
> physically challenged employees of ntpc at their projects.
>
> In this regard, since I myself is facing the aforesaid difficulties as
> faced by the other colleagues as mentioned, I have approached the
> management of my project to which they have replied that since your
> entitlement does not permit to allow you B type quarter, we may not be
> able to consider your request at this moment of time.
>
> In view of the above mentioned circumstances, can I insist the
> management of my project to treat my case similarly as delt in other
> projects in providing the quarter as special consideration?
> 2 are there any possibilities to do something just like the present
> case follow up to modify the quarter allotment rules which can be made
> applicable to physically challenged employees of ntpc?
> 3 can this case be treated as discrimination as various projects had
> already considered the said difficulties put forth by physically
> challenged employees to allot them B type quarter?
> 4 what any other steps I should take to request for the same?
>
> There are more than half of the quarters are vacant in my project. I
> am stating this reason because few of the projects were not able to
> accept the said request made by the physically challenged employees as
> no sufficient quarters are available to allot the same.
>
> I am facing great difficulties in accommodating my educational
> materials such as, Braille books of my education, no enough space to
> move freely and considering the number of persons including myself and
> my three dependents staying in such a small place.
>
> Your reply in this regard would be highly obliged.
> Thanking you,
> mukesh.
>
>
> On 3/15/12, Prashant Ranjan Verma <pr_ve...@hotmail.com> wrote:
>> 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/
>>>>
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>>>>
>>>>
>>>
>>>
>>> --
>>> Thanks and regards
>>>                   Himanshu Sahu
>>> Reach: 09051055000
>>> Skype: himanshu.cute4u
>>>
>>>
>>> Search for old postings at:
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>>
>>
>>
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>
>
> --
> Regards,
> Mukesh jain
> Email:
> mukesh.jai...@gmail.com
> Skype: mukeshjain211
> Mob: 09977165123
>
> "Face your deficiencies and acknowledge them; but do not let them
> master you. Let them teach you patience, sweetness, insight. "
>
> Helen Keller
>


-- 
Regards,
Mukesh jain
Email:
mukesh.jai...@gmail.com
Skype: mukeshjain211
Mob: 09977165123

"Face your deficiencies and acknowledge them; but do not let them
master you. Let them teach you patience, sweetness, insight. "

Helen Keller


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