The main legal principle established in the judgment is the need for a liberal and expansive interpretation of the provisions of the Disability Act to ensure equal opportunities for persons with disabilities in public employment, including promotions.

A.K. Sikri, J.-

The question that arises for consideration in these cases is as to whether 3% reservation under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 hereinafter referred to as the Disability Act} in the public employment provided in favour of the physically handicapped persons would be available to them even for promotions as well. The Tribunal has, vide the impugned judgment, decided this question in the affirmative. Not satisfied with this opinion of the Tribunal, in these writ petitions the said judgment was assailed by the Government. It would be advisable to take note of the factual matrix under which the aforesaid question arises for consideration from WP (C) No. 11818/04.

2. The respondent herein is an orthopaedically handicapped person having 55% disability. He was appointed as LDC in the Northern Railways on 16.6.1972. He got promotions from time-to-time and has risen to the rank of Office Superintendent Grade-I (OS-I). Next promotion is to the post of Chief Office Superintendent (COS). Two posts of COS were created by the petitioner on the recommendations of the Fifth Central Pay Commission vide letter dated 10.5.1998. They are to be filled up as a one time relaxation following the process of modified selection as per the Railway Boards communication dated February 1999. It is. not in dispute that the existing instructions with regard to reservations of SC/ST have been observed to be continued in the new grades.

3. Even before the Disability Act came into force in the year 1996, the Government of India, Department of Personnel and Training vide OM dated 28.2.1986 had provided for reservations in jobs for physically handicapped persons in Group C and D posts. The posts on which such reservation was to be applied were identified by the Railway Board on 10.7.1987. As many as 253 jobs in Group C and 17 in Group D were identified where physically handicapped persons could be appointed. The post in question, namely, Chief Office Superintendent is a Group C post. The Government of India, Ministry of Personnel issued a memorandum on 20.11.1989 providing reservation for physically handicapped in the posts filled by promotion. This has to be implemented by all Ministries and Departments. By Disability Act coming into force on 7.2.1996, a mandatory requirement of providing 3% reservation in appointments has been made, which included handicap in vision, hearing and locomotion. However, this is with a rider that having regard to the type of work in any establishment, the appropriate Government by way of a notification exempt any department or establishment from reserving the posts for disabled persons. Memorandum dated 16.1.1998 provides 100 point roster for reserved posts for physically handicapped and point No.1 is reserved for physically handicapped. OM dated 18.2.1997 issued by the Ministry of Personnel provides reservation as per roster to the physically handicapped persons in Group A and B posts and also OM dated 4.7.1997 providing roster point Nos. 1,24,67 in the cycle of 100 vacancies for 100 point roster to be reserved for physically handicapped persons.

4. The respondent herein wanted that for appointment to the post of COS reservation for physically handicapped persons be also made in tune with such reservations having provided for SC/ST candidates. We may, however, note that prior to the enactment of the Disability Act, the Ministry of Railways had taken a decision on 5.12.1995 that for the posts which are to be filled by promotion, reservations for physically handicapped persons would not be given keeping in view the special nature of job and safe carriage of goods and passengers. However, after the Disability Act came into force, the respondent made representations, both individually as well as through his Association i.e. Northern Railway Physically Handicapped Employees Welfare Association, to provide such reservation even wh