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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-

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.

18. At this stage it would also be relevant to note that in the past there had been growing demand from physically handicapped persons for providing reservation in Group 'A' and Group 'B' posts. Under Central Government, Ministry of Welfare, Government of India had a Standing Committee for identification of jobs for physically handicapped persons in various Ministries/Departments and PSUs. On 30.12.1995, Government of India directed the Standing Committee to undertake this identification of job for the physically handicapped persons in Group 'A' and Group 'B' services under the Government and PSUs. The Standing Committee undertook the exercise of identification of jobs and thereafter submitted its report which was published on 31.10.1986. The Committee after detailed discussion and on the spot study prepared a comprehensive list of 416 categories in Group 'A' and 'B' posts in Government Offices and PSUs, with their job description, the physical requirement and the categories of disabled suitable for the job. Government of India accepted the report of the Committee and issued Office Memorandum dated 25.11.1986. The said Office Memorandum dated 25.11.1986 has been quoted in full in the judgment of Hon'ble Apex Court in the case of National Federation of Blind v. U.P.S.C. . The Office Memorandum is reproduced hereunder:

It has been decided that in respect of identified posts which can be held by physically handicapped persons preferences to physically handicapped persons will be given in the matter of recruitment to those posts. A copy of the report of the committee referred to in para 1 is enclosed for information guidance and necessary action. The list of jobs identified by the committee as suitable for being held by physically handicapped persons is not exhaustive. The Ministry/Department can further supplement the list based on their knowledge for jobs requirements, essential qualifications etc. The Ministries/Departments after identifying all the posts which can be held by physically handicapped persons may inform the UPSC at the time of sending their requisitions for filling vacancies in respect of those posts, that preference is to be given to physically handicapped persons in the matter of recruitment. The UPSC have agreed in principle to give preference to physically handicapped persons in filling the identified posts. The Department of Personnel & Training will be issuing general instructions to enable preference being given to the physically handicapped persons in such cases.