> From: pr_ve...@hotmail.com
> To: accessindia@accessindia.org.in
> Date: Thu, 15 Mar 2012 19:09:58 +0530
> Subject: [AI] Good news for disabled employees of NTPC Ltd.
>
>
>
> 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
>
>
>
>
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