GOVERNMENT OF TAMIL NADU

ABSTRACT

Public Services - Tamil Nadu State and Subordinate Services - Definition of term 'destitute widow' - Clarification - Issued.

PERSONNEL AND ADMINISTRATIVE REFORMS (PER.S) DEPARTMENT

G.O.395. Dated : 4.11.1993.

Read :

1. G.O.Ms.No.2637, Public (Service-M) Department, dated 3.9.76.

2. G.O.Ms.No.225, Personnel and Administrative Reforms (Per.M) Department, dated 8.3.84.

3. G.O.Ms.No.728, Personnel and Administrative Reforms (Per.F) Department, dated 31.7.87.

4. G.O.Ms.No.123, Personnel and Administrative Reforms (Per.S) Department, dated 12.3.90.

5. From the Tamil Nadu Public Service Commission, Letter No.8205/BA.IV/90, dated 23.1.92.

6. From the Director of Social Welfare Letter Roc.No.74973/WW2/90, dated 7.2.92.

7. From the Special Commissioner and Commissioner of Revenue Administration, Madras-5, Letter No.Rc(A2)/83712/91, dated 2.4.92.

8. From the Director of Rural Development, Letter Roc.No.118/92, 6B, dated 26.9.92.

9. From the Tamil Nadu Public Service Commission, Letter No.8205/BA.IV/90, dated 25.11.92.

............

ORDER :

In the G.O. second read above, after carefully considering the question of relaxing any technical restrictions including age limit prescribed in the Service Rules in favour of "destitute widows", the following revised instructions were issued in the matter of giving preference to 'destitute widows' in the appointment to Public Services:-

(a) Special consideration shall be given to the destitute widows for appointment to all posts in Government service, local bodies and Government aided institutions, provided the candidates fully satisfy the qualification rule and are otherwise eligible on merits; the word "Special consideration" denotes that when other things are equal, destitute widows should be preferred over others who are also competitors for a particular post;

(b) Same age limit as prescribed for Schedule Caste candidates shall be made applicable for destitute widows of all castes;

(c) Special consideration shall also be given to the destitute widows for admission to the training institutions provided they satisfy the educational requirements prescribed under the rules and are otherwise eligible on merits;

(d) The expression "destitute widows" is defined as one who has neither any means by herself to live on nor any dependant to protect her from starvation.

In the G.O. 3rd read above, orders were issued amending General Rule 12(d) for the Tamil Nadu State and Subordinate Services, wherein age concession has been given to certain castes, to include destitute widows of all castes also in the said concession and adding an explanation thereunder that "for the purpose of this sub-rule 'destitute widow' means a widow who has neither any means by herself to live nor any dependant to protect her from starvation". This amendment came into force from 31st July, '87. Subsequently, in the G.O.4th read above, after General Rule 55, a new rule i.e. General Rule 56 was added with the same explanation given under General Rule 12(d), as below:-

"56. Employment concession for destitute widows :-

Notwithstanding anything contained in these rules or in the Special rules for the various State and Subordinate Services, preference shall be given to the destitute widows who possess the qualifications prescribed for appointment to any post under the State Government by direct recruitment.

Explanation :- For the purpose of this rule, "destitute widow" means a widow who has neither any means by herself to live nor any dependant to protect her from starvation."

2. The Government have considered in detail the question of redefining the term "destitute widow" said to delete the explanations in General rule 12(d) and 56. The following revised instructions are accordingly is sued:-

I. DEFINITION OF "DESTITUTE WIDOW" :-

The term "destitute widow" is hereby defined as a widow whose total monthly income from all sources is not more than Rs.1,000/- (Rupees One thousand only) including any family pension or other receipts including income from private practice in the case of professionals. A divorcee will not, however, be treated as a "widow".

II.FORMAT AND COMPETENT AUTHORITY FOR ISSUE OF CERTIFICATE TO CANDIDATES CLAIMING TO BE "DESTITUTE WIDOW" :-

The format for issue of the certificate to candidates claiming to be "destitute widows" is appended to this order. The Revenue Divisional Officer, is empowered to issue such a certificate.

III. APPLICABILITY OF RULE OF RESERVATION :-

Destitute widows who do not get selected against open vacancies ((i.e.) vacancies not reserved for women) or Open Competition turn with reference to their marks in the relevant Competitive examination / interview, as the case may be will be considered only under women's quota of 30 per cent of vacancies in Public Services. Destitute widows who belong to other communities and who possess the prescribed qualifications and are found to be fit by passing the competitive examination by getting the minimum qualifying marks shall be selected for vacancies reserved for women under the O.C. turn in preference to other women eligible for selection to the said O.C. turn even though the other women might have secured higher marks. Similarly, the destitute widows belonging to the respective reservation categories, i.e., Scheduled Castes, Scheduled Tribes, Most Backward Classes / Denotified Communities and Backward Classes who possess the prescribed qualifications and are found to be fit by passing the competitive examination by getting the minimum qualifying marks and who do not get selected against open vacancies or O.C. turn as mentioned above shall be selected for vacancies reserved for women belonging to the respective reservation category eventhough other women of the same reservation category might have secured higher marks. In other words, the communal rotation should not be affected by the reference given to the destitute widows and there is no reservation for destitute widows. A destitute widow belonging to one reservation category cannot be selected against a vacancy meant for another reservation category.

3. Amendments to Rule 12(d) and 56 of the General Rules for the Tamil Nadu State and Subordinate Services will be issued separately. Until the rules are amended, the Tamil Nadu Public Service Commission, is requested to decide the pending cases with reference to the provisions in the existing rules.

(BY ORDER OF THE GOVERNOR)

A.M. AHMED,

SECRETARY TO GOVERNMENT.

To

All Secretaries to Government, Departments of Secretariat, Madras-9.
All Heads of Department (including District Collectors, District Judges and
Chief Judicial Magistrates).
The Registrar, High Court, Madras-104.
The Secretary, Tamil Nadu Public Service Commission, Madras-2.
The Chairman, eachers Recruitment Board, E.V.K. Sampath Maligai, Madras-6.
The Accountant General, Madras-18.
The Pay and Accounts Officer, Madras-5.
The Pay and Accounts Officer, Madras-9.
The Pay and Accounts Officer, Madras-35.
The Pay and Accounts Officer, Madras-79.
All Departments of Secretariat, Madras-9.

Copy to :

The Finance (BPE) Department, Madras-9.
All recognised Service Associations.
All Sections in Personnel and Administrative Reforms Department, Madras-9.

| Forwarded | By Order |

(Sd.)

SECTION OFFICER.