PARTAP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this petition, the petitioner has prayed for the grant of the following amongst other reliefs: - A.) This Honble Court may be pleased to quash orders dated 14th July, 2007 Annexure P -9 and dated 17.1.2008 Annexure P -12 vide which respondents have rejected the representations of the petitioner for grant of reservation in promotional posts in respondent number 2 department in favour of petitioner under the category of Physically handicapped persons. B.) Direct the respondent State to grant reservation in promotional posts in respondent number 2 department in favour of petitioner under the category of Physically handicapped persons, who has been initially 1 Whether the reporters of the local papers may be allowed to see the Judgment? . appointed as a Clerk against category of Physically handicapped in accordance with the provisions of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 with all consequential benefits. -

(2.) THE petitioner after completing his matriculation was appointed as clerk in the Divisional Forest Officer, Renuka Division, against a vacancy reserved for physically handicapped person. Now, the petitioner claims that the respondent -State should be directed to grant reservation even while making promotion to the next higher post.

(3.) IT is contended by Shri Ajay Mohan Goel, learned counsel for the petitioner that since establishment under Section 33 means the entire cadre strength of the entire department including all category of posts, reservation has necessarily to be granted even in the promotional posts. He has also made reference to instructions of the Govt. of India wherein three percent of the vacancies in case of promotion to group D - and group C - posts in which the element of direct recruitment, if any, does not exceed 75% shall be reserved for persons with disabilities. He submits that a direction be issued to the State Government to make similar provisions in the State of Himachal Pradesh.