Judgment :-

K.S. Radhakrishnan, J.

Leave granted.

2. We are in this case concerned with the question whether the Chief Commissioner has got the powers to order regularization of promotion and identification of eligible posts in a cadre, in the Department of erstwhile Telecommunications, while exercising powers under Section 59 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act of 1995).

3. The Respondent was appointed as a Lower Division Clerk on compassionate ground in relaxation of normal recruitment rules, including upper age limit and typing test, in the Post Master General’s Office Trivandrum on 23.01.1973 in the PMT Department, which was later bifurcated into Departments of Posts and Telecommunications.

The Respondent then opted for Telecommunications Department. Nomenclature of posts of Lower Division Clerk/Upper Division Clerk/Office Superintendent (LDC/UDC/OS in short) was changed as Telecom Operating Assistants in the Telecom Department. Telecom Office Assistant (TOA in short) Grade-I included LDC/UDC/