The Petitioner has filed the present Writ of Certiorarified Mandamus calling for the circular COPR/P&A/465/2005 dated 30.11.2005 issued by the 2nd Respondent and to quash the same as illegal, unreasonable, highly discriminatory, arbitrary and unconstitutional and against the provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Further, the 1st

Petitioner has also sought the relief of regularising his service in the Respondent/Corporation from the date of joining in the 3rd Respondent/ NLC Health Promotion and Social Welfare Society and to confer him with all attendant service benefits including promotion, arrears of pay etc.

2. The Petitioner is a physically handicapped person (Hearing Impaired). His qualification is VI Standard pass at NLC Middle School, Thandavankuppam, Neyveli. During the year 1982, the 1st Respondent/ Corporation formed the 3rd Respondent/NLC Health Promotion and Social Welfare Society to promote the measures which will facilitate the disabled persons to gain and develop self confidence, self reliance, social recognition and employment. He is one among the physically handicapped members of the 3rd Respondent/ Social Welfare Society, being managed by the officials of the 1st Respondent/ Corporation from the beginning.

3. The Petitioner is employed on a contract basis ever since 10.11.1986 in the 1st Respondent/Corporation, through the 3rd Respondent/Social Welfare Society and continued to be employed till date, on a monthly salary of Rs.2,500/- approximately.

4. It is the case of the Petitioner that some members of the 3rd Respondent/Society has formed an Association in the name of 'Neyveli Oonamutror Thesia Thozhilalar Sangam' and made many representations to the NLC Management through Sangam to regularise his and others services in Neyveli Lignite Corporation. However, no action has been taken by the 1st Respondent/Corporation.

5. According to the Petitioner, since the contract workers engaged in the 1st Respondent/Corporation were exploited by the contractors by paying less than minimum wages and denied the statutory benefits, the 1st Respondent/Corporation Management formed the 4th Respondent/NLC Industrial Co-operative Service Society. In the said Society, 5000 contract workers were admitted as members and engaged in the Neyveli Lignite Corporation. Further, the members of the 4th Respondent/Society are being regularised in a phased manner and around 4000 members became permanent employees of the 1st Respondent/Corporation.

6. It is the contention of the Learned Counsel for the Petitioner that the Government of India has ordered reservation of posts for physically handicapped persons in Groups 'C' and 'D' posts in Central Public Enterprises, which is extracted below:

7. The Learned Counsel for the Petitioner urges before this Court that the reservation of posts ought to be made separately for each of the categories mentioned for physically handicapped persons, but a provision made by made for inter se exchange of vacancies if candidates belonging to a category of persons are not available or if the nature of vacancies in an office is such that a given category of persons cannot be employed.

8. Continuing further, the Learned Counsel for the Petitioner contends that the expert committee set up by the Ministry of Welfare, Government of India made an in-depth study of the numerous jobs performed in Government Offices as well as Public Sector Undertakings and identified 1,100 titles under Group 'C' and 'D' as suitable for the handicapped persons along with physical requirements for all those jobs. The committee also identified keeping in view the physical requirements and functional classification of disability 416 posts in Groups 'A' and 'B' in which preference will be given to physically handicapped persons in the matters of recruitment. Certain relaxation and concession were extended to the physically handicapped persons