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HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MOOL CHAND GARG

1. Whether reporters of Local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether the judgment should be reported in the Digest?

: PRADEEP NANDRAJOG, J(oral)

1. Sh.Manoj Gupta, a physically handicapped person employed as an Assistant Engineer, a Group „B‟ post, sought promotion to the next post by relying upon the various office memorandums issued by the Government of India from time to time and as adopted and applied by the Municipal Corporation of Delhi. He claimed reservation in the promotional post.

5. In para 20 and 21 of the decision, the Division Bench has held as under:

"20. As noticed above, prior to the Disability Act coming into force, the Government had, by administrative instructions, provided reservation for physically handicapped persons in Group C & D posts. After the Disability Act came into force, such a reservation is now permissible even for Group A & B posts. This led the DoPT to issue OM dated 18.12.1997. Referring to Section 33 of the Disability Act, this OM mentions that the reservation stands extended to identified Group A & B posts filled through direct recruitment. In this OM, however, it is stated that such reservation would be termed as horizontal reservation in contradistinction to the reservation of SC/ST candidates where reservation is available at horizontal as well as vertical level with the principle of interlocking of vertical and horizontal reservations, as laid down by the Supreme Court in the case of Indira Sawhney v. Union of India & Ors., AIR 1993 SC 477. Though as per this OM for Group A & B posts the reservation was only at induction level, significantly corrigendum was issued by the DoPT vide OM dated 4.7.1997, which reads as under :-
"Subject: Reservation for the physically handicapped persons in Group A and B Posts/Services under the Central Government.
The undersigned is directed to invite attention to this department's O.M. No. 36035/169/91-Estt.(SCT) dated 18.2.97 on the above subject and to say that it has been represented before the Government that the earmarking of points no. 33, 67 and 100 in the prescribed register for reservation for the physically handicapped would mean that the physically handicapped candidates may have to wait for a long time to get their turn for promotion. The suggestion has been considered and it has now been decided in partial modification of the O.M. cited above that the point number of 34 and 67 in cycle of 100 vacancies in the 100 point register and be marked for reservation for physically handicapped. The other instructions contained in the aforesaid O.M. remains unchanged.

6. We note that vide O.M. dated 16.01.1998 it has been mandated as under:

"CORRIGENDUM Subject: Reservation for physically handicapped in the posts filled by promotion.
The undersigned is directed to invite reference in this Department O.M. of even number dated 18.02.1997 on the subject mentioned above and to say that the existing sub- para (ii) thereof may be replaced as under:-
(ii) The existing policy of reservation for SCs/STs, including for the physically handicapped in promotion in all Groups is applicable to all grades and services, where the element of direct recruitment does not exceed 75.