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No.F.12011/2/2021-DPAR/GC/UIV
(from pre-page)

81. This file relates to the disposal of the representation based on the
order dated 22.08.2023 pronounced by Hon’ble Mr. Justice
J. Sathya Narayana Prasad in W.P. No.6209 of 2020 filed before The
Hon’ble Court, Madras.

82. It is submitted that the College Students and Graduates Association

for the Visually challenged have filed Writ Petition No.6209 of 2020 before
the Hon’ble High Court, Madras with a prayer for issuance of writ of
Mandamus directing the respondents to consider and dispose of the
representation of the petitioner dated 14.11.2019.

83. It is submitted that the case of the petitioner is that the petitioner is
an association for Visually Challenged registered under Puducherry
Societies Registration Act. It is stated that the Puducherry Administration
has created twelve posts of caner meant for repairing the worn out came
chairs owned by all the Government Organizations and also to do some
casual work. The DP&AR, has also issued a Government order vide
G.O.Ms.No.40 dated 29.06.2017.

84. It is stated that post of caner was not dilled up even since the
creation of twelve post of caner. Hence, the petitioner association made a
representation dated 14.11.2019 to take steps to fill the aforesaid caner
post. However, till date, no action has been taken by the respondents.
Hence, the petitioner’s association has come forward with the present writ
petition.

85. It is stated that W.P. No.6209 of 2020 was disposed vide court order
on 22.08.2023 by the Hon’ble Mr. Justice J.Sathya Narayana Prasad
stating that “direct the respondents 2&3 to consider the petitioner’s
representation dated 14.11.2019 and pass appropriate orders on merits
and in accordance with law, within a period of eight weeks from the date of
receipt of a copy of this Order. With the above observation and direction,
this W.P. is disposed of No costs.

86. The letter received from the Government pleader Madras High Court,
Chennai may be seen at p.143/cor. wherever it has been stated that the
college and Graduate Association for Visually Challenged has filed a Writ
petition in WP. No.6209 of 2020 before the Hon’ble High Court for direction to
consider this representation dated 14.11.2019 (p.145-147/cor.). It is stated

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(from pre-page)

that there is a lapse of more that 28 months eversince the creation of twelve
post of caner, the department has not been developed for conducting
personal interview against 12Visually Challenged persons. It is also stated
that out of 12 visually challenged persons among 2 of them have crossed
their upper age limit as per Govt. norms and requested to provide job
appointment order against them under Compassionate grounds. Finally the
Association has requested the Department to conduct personal interview for
12 nos. of visually challenged persons at the earliest and render justice.

87. It is stated that while the file submitted to the Chief Secretary for the
12 vacant post of Caner, the Chief Secretary has desired that the post of
caner may be redesignated to suit functionally required posts. Accordingly it
was proposed to redesignate the post as “Unskilled Office Worker” widening
the scope of duties and responsibilities as follows:

(i) Chair recanning

(ii) Preparing envelopes

(iii) Affixing postage stamps on outgoing dak.

(iv) Binding registers and files and books.

(v) Carrying files / papers from one table to other, wherever

required.
(vi) Dusting of Tables, Chairs, sofas etc.
Approval of the work study group has been accorded for redesignation of
caner post as Unskilled Office Worker on 22.01.2021 (Para 154/-n.f.)

88. Approval of the competent authority has been obtained for

redesignation of the post of Caner as “Unskilled Office Worker” (Para 179/-
n.f.) and therefore the DPAR has issued order vide G.O.Ms.No.48 dated
10.05.2021(P.169/-cor.) and Corrigendum order vide G.O.Ms.No.79 dated
13.08.2021(P.203/-cor.).

89. It is stated that the approval of Hon’ble Lieutenant Governor has

bneen obtained for filling up of 13 posts of Unskilled Office Worker (erstwhile
caner) by Direct Recruitment vide (Para 1-10/- n.f. LF). Accordingly,
necessary notification in the leading newspapers has been published on
02.12.2021 through Directorate of Information and Publicity, Puducherry with
last date of submission of filled the application or on before 31.12.2021.

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90. It is stated that in response to the notification 100 nos. of application

were received. On examination of the application it is found that out of 100
applications, 33 applications are found to be ineligible and the details of final
status of their application has been hosted in the Department’s website vide
notification No,12011/2/2021-DPAR/GC/UIV dated 31.10.2022.

91. It is informed that the method of selection for the post of Unskilled
Office Worker (erstwhile caner) is as follows.

70% weightage for the marks obtained in SSLC or equivalent and

30% weightage of marks for skill test in caning work”. Accordingly, action is
being taken by this department to conduct the skill test in shortly.

92. In view of the above, it is stated that the request of the petitioners to
fill up the vacant post of Unskilled Office worker (erstwhile caner) has
become infructuous. Further, time may be sought to compete the
recruitment process which is likely to be completed within two months.
Hence, the fact may be informed to the petitioners.

93. Notings at pre-para 74-80/- n.f. of LF may be perused.

94. The Lieutenant Governor’s Secretariat, Puducherry has forwarded

the representation received from Thiru. K.Veeramani, CSGAVC Association,
Puducherry vide Registration No.PYLGS/P/2023/0000005 dated 15.03.2023
(Page No.287-321/cor.) and another representation vide Registration code
No.Pu01/Pu01/LGP/38471/23 dated 20.04.2023 (Page No.323/361/cor.)
may please be perused.

95. Therein, the General Secretary, College Students and Graduate

Association for the Visually Challenged has requested to grant age
relaxation upto 56 years to person with disabilities suffering from blindness
(or) low vision vide DOPT Office Memorandum No.15012/1/2023-Estt.(D)
dated 29.06.2015 in respect of the following applicants namely

1) Thiru. S.Arumugam

2) Thiru. S.Ravi Kumar and

3) Thiru. Manikandan

to consider their application for attending interview for the post of unskilled
office worker.

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96. Further, the Lieutenant Governor’s Secretariat, Puducherry has

forwarded the representation received from Thiru S.Arumugam, Puducherry
vide Registration code No.Pu01/Pu01/LGP/39802/23 dated 25.07.2023
(Page No.383-387/cor.) and another two representations dated 02.08.2023
addressed to the Hon’ble Chief Minister and Secretary (Personnel) (Page
No.3889-401/cor.) & (Page No.403-405/cor.) may please be perused.

97. Therein, the General Secretary, CSGAV has stated that the DPAR
has rejected the following applicants namely Thiru S.Arumugam, Thiru S.
Ravikumar and Thiru T.Manikandan and hosted in their Department website
on 31.10.2022 for the post of Unskilled Office Worker for the reason that
they have crossed the prescribed upper age limit. Further, the General
Secretary, CSGAVC has requested that one time relaxation may be granted
to the above said applicants and permit them to appear for interview since
this is first and last chance to the applicant for the post of Unskilled Office
Worker (erstwhile caner).

98. In this regards, it is informed that this Department has hosted in the
Departmental website regarding details of 33 rejected applications for direct
recruitment to the post of Unskilled Office Worker on 31.10.2022. The
details of 3 applicants has stated by the Association are reproduced as
mentioned in the Rejected application.

Sl. Reason for rejection

No Over aged VH Other state
Name of the applicant
Certificate
Tvl.
not
enclosed
1 S. Arumugam OBC-43 -- --
(49-04-00)

2 T.Manikandan MBC-43 -- --
(45-02-00)

3 C. Ravikumar SC-45 -- --
(49-09-00)

99. Earlier, the college students & Graduate Association for the visually
challenged has given the similar representation on 28.06.2022 through
Lieutenant Governor Portal. In this regard, approval of the Chief Secretary to
Government has been obtained relating to DOPT O.M. dated 29.06.2015
may be seen at pre-para 77-80/-n.f. Therein, in the said O.M. para2(1)
states as follows:

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(i) Age relaxation of 10 years (15 years for SC/St and 13 years
for OBC candidates) in upper age limit shall be allowed to person suffering
from (a) blindness or low vision, (b) hearing impairment and (c) locomotor
disability or cerebral palsy in case of direct recruitment to all civil
posts/services under the Central Government identified suitable to be held
by persons with such disabilities, subject to the condition that maximum age
of the applicant on the crucial date shall not exceed 56 years.

As per the Recruitment Rules for the post of Unskilled Office Worker, the
upper age limit is 30 years only. As per the above Office Memorandum 10
years age relaxation is allowed for UR candidates. For OBC it is 13 years
and for SC it is 15 years. Thus the relaxed upper age limit for UR, OBC and
SC is 40, 43 and 45 respectively. The above Office Memorandum could not
be interpreted as if it allows age relaxation upto 56 years in all cases. The
age relaxation allowed is 10 years for UR, 13 years for OBC and 15 years
for SC which has been allowed at present. Wherever the Recruitment Rules
provide higher age limit, the ceiling of 56 years is to be applied while
relaxing the upper age limit. For example, as per the DOPT guidelines for
posts having G.P. Rs.6600, the upper age limit is 40 years. Similarly for
posts having G.P. Rs.7600 and above it is 50 years. In such cases, it should
be ensured that the maximum age does not exceed 56 years as stipulated in
the said Office Memorandum. Hence, the Office Memorandum cited by them
comes into play only in such cases and not in the present case where the
age limit is 30 years only as per the Recruitment Rules.

100. Hence, the request to consider the case of 1.) Thiru.S.Arumugam,

aged 49 years and 4 months (Overaged by 6 years and 4 months),
2.)Thiru.Manikandan aged 45 years and 2 months (Overaged by 2 years and
2 months) and 3.) Thiru.S. Ravikumar aged 45 years (Overaged by 4 years
and 9 months) on the cruicial date of eligibility i.e. on 31.12.2021 may not be
considered. Further, the request for one time relaxation to the rejected
candidates may not be considered since the filling up of the post of Unskilled
Office Worker (erstwhile caner) is on direct recruitment basis. Hence, the
may be informed to the said Association.

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(from pre-page)

101. In this regard, the fact may be informed to the petitioner regarding
representation dated 14.11.25019 & 02.08.2023 and other similar
representation on various dates endorsed by Lieutenant Governor’s
Secretariat on 21.03.2023, 20.04.2023, 25.07.2023. Accordingly, draft letter
addressed to the petitioner is prepared and placed below for approval.

102. May be submitted to Secretary (Personnel) for approval Please.