Central Administrative Tribunal - Delhi
Raju Ranjan vs M/O Labour on 13 March, 2019
Central Administrative Tribunal
Principal Bench
OA No. 1821/2015
Order reserved on: 06.03.2019
Order pronounced on: 13.03.2019
Hon'ble Mr. S.N.Terdal, Member (J)
Hon'ble Mr. Pradeep Kumar, Member (A)
Raju Ranjan
S/o Shri Krishan Kumar Bhatt
Aged abut 35 years, Unemployed,
R/o Bikramganj,
Near Registry Office,
Rohtas, Bihar-802212.
... Applicant
(By Advocate: Sh. Rohit Kumar for Sh. Rajeev Narayan)
Versus
1. Union of India,
Ministry of Personnel, Public Grievances & Pension,
Department of Personnel & Training,
Through Dy. Secretary (Eastt. Reservation),
North Block,
New Delhi-110001.
2. Employees Provident Fund Organistion
Ministry of Labour and Employment,
Through Regional Provident Fund Commissioner (HRM),
EPFO, Bhavishya Nidhi Bhawan,
New Delhi-110066.
... Respondents
(Present: None)
ORDER
By Hon'ble Mr. Pradeep Kumar, Member (A) The applicant suffers from 50% locomotory disability (one arm affected). He has been issued a certificate to this 2 OA No.1821/2015 effect on 13.01.2010. One of the items on this certificate, also needs to specify as to what abilities are likely to be adversely affected. Under this item, this certificate indicates that "this disability is likely to interfere with the typewriting".
2. In June 2009, Employees Provident Fund Organisation (EPFO) published an advertisement to recruit Social Security Assistant (SSA). The applicant applied for the same and he qualified in the written test on 06.09.2009 so as to be able to appear in the skill test. The skill test, as specified, is typewriting speed of minimum 5000 key depressions in an hour. The applicant applied on 19.01.2010 for exemption from appearing in this skill test on account of his disability. However, the exemption was denied and the applicant was called to appear in the typewriting test on 12.02.2010. The applicant made representation to the Chief Commissioner for Persons with Disability, New Delhi (Case No.50/1012/09-10). This case was decided on 05.08.2011 with following directions:
"14. It is observed that some functional similarity between LDC/UDC on the one hand and SSA on the other, can be established as working on computer and typewriter have the same functional requirements. The two category of posts also have some similarity in as much as both the category have to work partly on computer/typewriter and partly do the manual work to maintain physical records, registers, etc. However, the requirement of proficiency in working on computer for SSA is apparently more intense. It is also observed that the RRs for SSA provide that unless an LDC/UDC passes the computer skill test of at least 5000 key depression per hour, he/she would have to 3 OA No.1821/2015 remain in the cadre of UDC which is a dying cadre. In the light of the fact that there is neither any provision for exemption from the skill test in the Recruitment Rules nor the Government of India or EPFO have so far made any such rules or have issued any such instructions, it would not be within the purview of this Office to issue any directions for exempting the complainants from computer skill test as provided in the RRs. However, Department of Personnel & Training who are examining the issue, may consider relaxation of standard of the computer skill test in respect of certain category of persons with disabilities in the spirit of para 22 of OM No.36035/3/2004-Estt (Res) dated 29.12.2005 which relates to relaxation of standard of suitability in respect of persons with disabilities.
15. The cases are disposed of accordingly."
3. Since no guidelines on relaxation for the skill test were issued by the DOP&T, the EPFO rejected the applicant vide their order dated 10.11.2014 as under:
"In this regard it is to inform that the Recruitment Rules to the post of SSA does not have any relaxation for physically handicapped candidates in the minimum qualifying speed of 5000 key depressions. No guidelines in relaxation of standard of the computer skill test in respect of person with disabilities has been received so far from the DOPT. Accordingly, it is not feasible to consider the relaxation in computer skill test for physically handicapped person."
4. The applicant thereafter also approached Central Information Commission (CIC) (Case No.CIC/RM/A/2014/004642/SB). The CIC gave following directions vide their orders on 15.02.2016:
"6. The Commission directs the CPIO to provide information as sought by the appellant in his RTI application along with copies of the OM No.AB- 14017/32/2009-Esst.(RR) dated 17.10.2010 and OM No.14020/2/91-Estt.(D) dated 29.09.1992 within a period of four weeks from the date of receipt of a copy of this order."4 OA No.1821/2015
5. In compliance thereof, DOP&T vide their letter dated 04.03.2016 have issued following directions:
"3. Further, the DOPT has issued instructions on exemption from passing the skill test on computers vide DOPT‟s OM No.14020/1/2014-Estt.(D) dated 22.04.2015. It may be reiterated that DOPT has modified the entries pertaining to skill test norms for the LDC to include skill test norms „only on computers‟ vide DOPT‟s OM No.AB- 14017/32/2009-Esst.(RR) dated 17.05.2010. Further, it has been decided that the criteria of grant of exemption from passing the typing test in respect of LDCs including persons with disabilities as stipulated in DOPT‟s OM No.14020/2/91-Estt.(D) dated 29.09.1992 would also be applicable to test on computers."
6. The applicant is aggrieved that despite this, his candidature for the said post of SSA under EPFO, has not been considered and accordingly, the OA was filed and the applicant sought following reliefs:
"1) Direct the Respondent to consider the Application for exemption from skill test as per rules framed for the persons with disability as issued by GOI, OR Direct the respondent to declare the result of the Applicant on the basis of skill test taken by the Applicant on 12/02/2010 wherein he had qualified for typing test of 5000 key depression per hour;
2) Direct the Respondents to declare the result of the Applicant at the earliest;"
7. Interim relief was also sought for issuing directions to the respondents to keep one post vacant till the outcome of the present application. Interim relief was, however, not granted.
5 OA No.1821/2015
8. The respondents opposed the application in their counter reply. It was brought out that SSA is a higher level post as compared to LDC for which relaxations were issued (para 5 supra) and the recruitment rules for the post of SSA were issued on 23.12.2003 and the same provided as under:
1. Name of Post Social Security Assistant
8. Educational and other Essential qualifications required for a. Degree of a recognized University or direct recruits equivalent.
b. Possessing a speed of at least 5000 key depressions per hour for Data Entry Work. Desirable c. Should possess a Computer Training Certificate from a recognized institution.
11. Method of Recruitment 85% Direct Recruitment by open whether by direct recruitment competitive examination by EPFO or by promotion or by through an Agency or Agencies deputation/absorption and approved by the CBT/transfer failing percentage of the posts to be which by deputation.
filled by various methods. 15% by promotion thorough
departmental qualifying
examination/skill test.
Initial Constitution Clause
i. Persons holding post of Upper Division Clerks on regular basis shall have the option on the commencement of these Rules to switch over to the post of SSA by qualifying a computer skill test conducted by the Appointing Authority.
ii. Those who do not opt for SSA or do not pass the computer skill test shall remain in the cadre of UDC which has been declared as a dying cadre.
iii. The Upper Division Clerks shall on passing the qualifying skill test be placed en-block senior and, their inter-se placement shall be fixed in accordance with the date of regular appointment to the respective grade subject to the condition that their inter-se placement shall not be disturbed provided they qualifying in skill test within one year from the date of notification of these rules.
iv. If any UDC pass skill test after the stipulated period of two years they shall be placed below all those already holding the post of SSA on the said date."
9. It was brought out that possessing a speed of at least 5000 key depressions for Data Entry work is an essential 6 OA No.1821/2015 qualification for the post of SSA and accordingly the recruitment was conducted at that time.
It is also seen from EPFO letter dated 22.05.2010 submitted to the Court of Chief Commissioner for Persons with Disability, in pursuance of case filed by the applicant, (para 4 supra) that the EPFO organisation had submitted that certain vacancies in this recruitment, were also reserved for physically challenged candidates as per Govt. of India norms and as a result of the written test followed by the same specified skill test a total of 18 orthopaedically handicapped candidates had finally qualified in the skill test with key depressions of 5000 per hour and above. As per the merit order of total score in written test and skill test, orthopaedically handicapped persons were finally selected and fall under the following categories:
Selected SC ST OBC GEN
PWD (OH) 18 01 01 10 06"
10. The respondents also brought out that the said selection has already been completed long back and since skill test was an essential part, no relaxation could be considered at that time. Moreover, there were no relaxations permitted at 7 OA No.1821/2015 relevant point of time. Accordingly, the OA is required to be dismissed being devoid of merit.
11. Matter has been heard at length. Sh. Rohit Kumar for Sh. Rajeev Narayan, learned counsel represented the applicant. None appeared on behalf of the respondents.
12. The facts of this case are not in doubt. The applicant is a physically challenged person. He had applied against a recruitment notice and qualified the written examination to appear in the next stage to appear in the skill test. The applicant was unable to qualify the skill test.
13. The applicant had approached to adjudicate the matter in the office of Chief Commissioner for Persons with Disability as well as in CIC thereafter when requisite information was not made available from DOP&T. For any selection it is the recruitment rules that are required to be honoured.
In the instant case, the recruitment rules provided certain essential qualifications which also included the skill test (para 8 supra). There were other physically challenged candidates also who had also appeared in the same skill test and qualified (para 9 supra). The said selection has since been finalised already.
14. In view of the foregoing, there is nothing that subsists in said recruitment. The applicant was unable to qualify as per 8 OA No.1821/2015 the specified procedure which was applicable for all other candidates including those who were physically challenged. Many physically challenged candidates had also been declared finally successful. Therefore, nothing subsists in this OA. The same is dismissed being devoid of merit. No order as to costs.
(Pradeep Kumar) ( S.N. Terdal) Member (A) Member (J) „sd‟