Chandigarh: Social welfare director gets show-cause notice over non-compliance of orders
As per the notice issued by Madhvi Kataria, the state commissioner for PwD, the department has been directed to explain why proceedings should not be initiated for non-compliance with the court’s order dated December 30, 2024
The court of the state commissioner for persons with disabilities (PwD), Chandigarh, has issued a show-cause notice to the director of social welfare, UT administration, for failing to comply with its earlier order in the case of Veena Devi, a differently abled crèche worker, whose salary was arbitrarily reduced.
As per the notice issued by Madhvi Kataria, the state commissioner for PwD, the department has been directed to explain why proceedings should not be initiated for non-compliance with the court’s order dated December 30, 2024.
“The respondent is required to submit a compliance report within seven days from the date of notice. Failure to do so will result in legal action as per the applicable provisions,” the notice stated.
Devi, who has a permanent 50% disability, had approached the court seeking redressal against the arbitrary reduction of her salary and discriminatory change in her work assignment. According to her complaint, she had been receiving a salary of ₹11,803 per month as per the deputy commissioner (DC) rates until March 2016. Although the same amount continued to be paid till October 31, 2023, the annual revisions in DC rates, which were previously implemented, were discontinued without explanation.
Further, starting November 1, 2023, her salary was abruptly slashed to ₹4,650 per month, resulting in a monthly loss of ₹7,153. Devi contended that there was no official order from any competent authority officialising the reduction or conversion of her salary into a nominal honorarium. She alleged that she was arbitrarily transferred to a new crèche and was made to sign a new contract late at night at her residence, without being given the time to review or understand its contents or implications on her pay.
In response, the department claimed that Devi was aware of the terms and conditions, and that she had been actively opposing the offer as part of a union protest. They denied any coercion or unfair treatment.
However, after hearing both parties, the court found that the actions of the department had caused significant financial hardship to a differently abled individual, compounding her already vulnerable health and social position. The court observed that the salary cut was unjustified and amounted to discrimination under the Rights of Persons with Disabilities Act, 2016.
In its order dated December 30, 2024, the court had directed the director of social welfare to restore Devi’s salary to the level as it stood on October 31, 2023, with effect from November 1, 2023, and ensure that she is paid in accordance with the annually revised DC rates henceforth.
Despite this clear directive, the department failed to comply or submit the required compliance report by the April 25, 2025, deadline. This prompted the commissioner to issue a show-cause notice, citing a wilful violation of Section 81 of the act. The notice also referenced a recent Delhi high court judgment that reaffirmed the legal authority of disability commissioners.
As a final warning, the department has been given seven more days to respond. Failing that, the commissioner has stated that penal action will be initiated under Sections 83, 89, and 93 of the Rights of Persons with Disabilities Act.
