* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: July 11, 2023 + W.P.(C) 9255/2019 RAJU RANJAN ..... Petitioner Through: Mr. Rajan Mani, Adv. with Mr. Rajeev Narayan, Adv.

versus UNION OF INDIA AND ANR.

..... Respondents Through: Mr. Brijesh Kumar Tamber, Mr. Vinay Singh Bist, Mr. Yashu Rustogi and Mr. Khushal Kolwar, Advs. for R-2 CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO, J. (ORAL)

1. The present petition has been filed by the petitioner challenging two orders, which are dated March 13, 2019 and May 2, 2019, passed by the Central Administrative Tribunal Principal Bench, New Delhi („Tribunal‟, for short) in Original Application No.1821/2015 („OA‟, for short) whereby the OA and Review Application („RA‟, for short) filed by the petitioner herein were dismissed.

2. The case of the petitioner before the Tribunal was that in June 2009, Employees Provident Fund Organisation („EPFO‟, for short) / the respondent No.2 had issued an advertisement for Signature Not Verified Digitally Signed By:ASHEESH W.P.(C) 9255/2019 Page 1 recruiting Social Security Assistant („SSA‟, for short). He applied for the same and he qualified in the written test (on September 06, 2009), so as to enable him to appear in the skill test. The skill test, as specified, is typewriting test with a speed of minimum 5000 Key Depressions Per Hour („KDPH‟, for short). The petitioner being a Person with Disability („PwD‟, for short) had on January 19, 2010 applied for exemption from appearing in the skill test on account of his disability of 40% with regard to one arm. However, the exemption was denied and the petitioner was called to appear in the typewriting test held on February 12, 2010. The petitioner made representation to the Chief Commissioner for Persons with Disability, New Delhi (Case No.50/1012/09-10). The same was decided on August 05, 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 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 Signature Not Verified Digitally Signed By:ASHEESH W.P.(C) 9255/2019 Page 2 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. From the above, it is noted that the Commissioner has directed the DoP&T to consider the relaxation of standard of the computer skill text in respect of certain category of persons with disabilities in the spirit of paragraph 22 of the OM dated December 29, 2005. Thereafter, the Regional PF Commissioner, EPFO rejected the petitioner‟s representation vide order dated November

10, 2014, by stating as under:

―In this regard it is to inform that the Recruitment Rules to the p