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 C