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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-

6. Counter affidavit has been filed in the main writ petition, and there in it has been contended that Circular dated 20.11.1989 provided reservation for physically handicapped persons in respect of promotions for the cadres i. e. (i) within Group D, (ii) from Group D to Group C and (iii) within Group C. The Government has not extended the reservation to the cadres of Group A and Group B in respect of promotions. The General Insurance Corporation of India has also issued directions in this regard prohibiting promotions to physically handicapped persons in groups B and A posts. It has also been contended that provision of 3% reservation for physically handicapped employees in the posts filled by promotion under promotion policy for supervisory, clerical and subordinate staff was introduced vide Head Office Circular dated 08.12.2000 preceded by amendments subject to Promotion Policy approved by the Board of GIC dated 24.11.2000. It has also been contended that Oriental General Insurance Company Ltd. being a Public Sector General Insurance Company duly incorporated under the Companies Act, 1956 is bound by the Rules and Regulations framed by the Board of Directors of General Insurance Corporation of India of which the Oriental Insurance Company Limited was a subsidiary company. It has been contended that after 2002, it received instruction for introducing 3% reservation to physically handicapped employees in class III promotions vide Circular dated 08.12.2000, the same was introduced immediately from 2001. Details have been set out in respect of grant of promotion to petitioner vide order dated 23.10.2002. It has also been contended that reservation was duly implemented and due promotions have been provided. It has also been asserted that in the year 1996, there was no reservation in promotion and it has been introduced in the year 2000, as such petitioner has no claim to promotion since the year 1996. It has also been clearly mentioned that Groups A and B posts are not to be filled up by promotion from physically handicapped incumbents, and in this regard promotion policy has been referred to.

17. After respective arguments have been advanced, undisputed position which emerges is to the effect that in office memorandum dated 20.11.1989 reservation for physically handicapped persons in the posts to be filled up by promotion was confined to only Group D and Group C posts. Petitioner is placing heavy reliance on office memorandum dated 16.01.1998, which provides for procedure to be followed for promotion. In the said office memorandum it has been provided that 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%. Qua Group C and Group D posts, it has been mentioned that manner of calculation of the vacancies for physically handicapped shall be as laid down in the Departments Office Memorandum dated 20.11.1989. As to whether Office Memorandum dated 16.01.1998 is only in context to Group C or Group D or it brings within its fold Group A and Group B posts also is a question essentially to be answered. Much capital is sought to be made out from the use of the word "All Groups" in paragraph 1 (ii) of the Office Memorandum dated 16.11.1998. In this connection, the opening paragraph of Office Memorandum has been looked into, which clearly reflects that after issuance of Office Memorandum dated 20.11.1989, various queries were raised on account of difficulties being faced in calculating/operating the post reserved for physically handicapped persons as per office memorandum. In the light of problems faced decision has been taken. Paragraph 1 of the Office Memorandum dated 16.11.1998 deals with preparation and implementation of roster. Paragraph (ii) deals with applicability of existing policy of reservation for SCs./STs, including for physically handicapped person in promotion in all Groups is applicable to all grades and services, where element of direct recruitment does not exceed 75%. Here, relevant words are "the existing policy for the physically handicapped in promotion in all Groups, is applicable to all grades and service, where the element of direct recruitment does not exceed 75%." There has been no existing policy of promotion for Group 'A' and Group 'B' posts for the physically handicapped persons in promotion, as such it is wholly inappropriate to read something which is totally out of context. Office Memorandum dated 16.01.1998 is being totally misread and misinterpreted, whereas in pith and substance, the difficulties which had arisen in complying with/operating in terms of Office Memorandum dated 20.11.1989 was sought to be remedied, and at no place it ever intended to enlarge its scope and bring within its ambit Group 'A' and Group 'B' posts also.

20. After having come to the conclusion that there is no existing policy for promotion against Group 'A' and 'B' posts for physically handicapped persons, can the respondents be permitted to bypass the provisions of 1995 Act. Section 32 of 1995 Act obligates Appropriate Government in positive term to identify post in the establishment, which can be reserved for persons with disability and thereafter at periodical intervals, not exceeding three years, review the list of posts identified and update the list taking into consideration the developments of Technology. Section 33 mandates appointment in every establishment such percentage of vacancies not less than three per cent, for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or cerebral palsy, in the post identified for each disability. Appropriate Government has been vested with the authority to grant exemption also, having regard to the nature of work carried out in the establishment. These provisions have been promulgated with the object of giving full participation and equality to the people with disabilities. Same is social welfare measure, and enacted to give effect to the proclamation signed by India in the meeting to launch the Asian and Pacific Decade of Disabled Persons 1993-2002, convened by the Economic and Social Commission for Asia and Pacific held at Bejing on 1st to 5th December, 1992. Act is comprehensive legislation for providing equality to disabled persons. Reference to entries in the 7th Schedule, reflects legislative competence of Parliament of enacting Act, Entry 9 (Relief of Disabled and unemployed); Entry 13 (Participation in International conference Associations and other Bodies and Implementing of decisions made thereat) Entry 70 Union Public Service, All India Service, UPSC and Entry 23 of List III (Social Security and Social Insurance, employment and unemployment). It is statutory responsibility of the Appropriate Government to identify the post in the establishment, and thereafter extend the benefit of reservation for Physically handicapped Persons. Identification of posts in the first exercise to be carried out in the establishment, for extending the benefit of reservation for Physically Disabled Persons. Said reservation cannot be permitted to be by-passed. Respondents fall within the definition of 'establishment' as defined under Section 2(k) of 1995 Act and till date no exemption has been accorded to respondents in terms of the proviso to Section 33 of 1995 Act, as such provisions of 1995 Act would apply with full force. Constitutional obligation of social welfare providing reservation for physically handicapped persons has to be given full meaning, and laxity in implementation of same cannot be taken lightly, and the said duty has to be performed honestly and sincerely so that its true content and spirit is brought to its logical end, and the prescribed goal is achieved.