V.K. Shukla, J. - (1.) Civil Misc. Writ Petition No. 52516 of 2003 has been filed by the petitioner for issuing a writ in the nature of mandamus commanding the respondents to make promotion of petitioner on the post of Senior Assistant against 3% reservation quota for physically handicapped persons in pursuance of Government order dated 20.11.1989 with effect from 1996-97 and also further to award seniority and consequential benefits from the said date.
(2.) Civil Misc. Writ Petition No. 6201 of 2003 has been filed by the petitioner for quashing the communications dated 24.11.2003 and 03.12.2003 rejecting the candidature of petitioner for the post of Assistant Accounts Officer (A) and further for providing statutory reservation of 3% meant for physically handicapped persons in promotional exercise 2003 in terms of Section 33 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, an thereafter accord promotion accordingly.
(3.) Brief facts giving rise to instant writ petitions are that M/S Oriental Insurance Company Limited is a constituent company of General Insurance Corporation of India. It is wholly owned and controlled by Central Government under the provisions of General Insurance Business (Nationalization) Act, 1972 and M/S Oriental Insurance Company Limited is obligated to act in the discharge of its function as per direction issued by the Central Government with regard to matters involving public interest and policy. The Central Government (Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Training), New Delhi, vide office Memorandum dated 20.11.1989 introduced policy for providing reservation to physically handicapped incumbents in posts to be filled by promotion. The said policy was extendable to promotions when they were made (i) within Group D, (ii) from Group D to Group C and (iii) within Group C. The said reservation was to be provided to three categories of physically handicapped persons, namely, visually handicapped, hearing handicapped and orthopedics handicapped. Applicability of reservation was limited to the promotions being made to those posts which were identified as being capable of being filled/held by appropriate category of physically handicapped persons. Each one of the three categories of handicapped persons were allowed reservation at one percent each. It was also provided that though reservation would be effective only in those posts that are identified as being capable of being held by appropriate category of physically handicapped persons. Number of vacancies that will be reserved for the physically handicapped persons when promotions are being made to such identified posts will be computed by taking into account the total number of vacancies that arise for being filled up by promotion in a recruitment year both in non identified as well as identified posts. It was also provided that if appropriate category of physically handicapped persons are not available in the feeder grade from which promotion is being made to the next higher grade of the identified posts, then an intense exchange will be permitted subject to the condition that (i) The post to which promotion is to be made is one that can be held by the category of the physically handicapped persons available in the feeder grade; (ii) The reservation so exchanged is carried forward to the next three recruitment years after which the reservation shall lapse;