JUDGMENT

Per : Hon'ble Manoj K. Tiwari, J.

By means of this petition, petitioner has sought following reliefs:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 17.10.2017 and 08.11.2017.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 & 2 to give effect to the provision of Section 33 & 34of the Persons with Disabilities Act by providing reservation in promotion on the post of Regional Manager and to consider the case of the petitioner under the quota of Persons with Disabilities for promotion to the post of Regional Manager."

2. The short question, which falls for consideration in present writ petition, is whether reservation in employment available to persons with disabilities extends to promotion to Group ‘A' & ‘B' post, although, there is no dispute that such reservation is available to them for promotion to Group ‘C' and ‘D' posts.

3. Key facts necessary for adjudication are that petitioner is holding a Group ‘A' post as Divisional Manager, Marketing in Uttarakhand Forest Development Corporation established under Forest Corporation Act, 1975 (in short ‘Corporation'). According to him, he suffers from physical disability to the extent of 60% in terms of the Medical Certificate dated 12.04.2017, issued by Chief Medical Officer, Dehradun. He, therefore claimed reservation in promotion to the post of Regional Manager by filing Writ Petition No. 498 of 2017 (S/B). The said writ petition was disposed of vide judgment dated 03.11.2017 with a direction to Managing Director of the Corporation to take a decision on the representation submitted by the petitioner within two weeks and liberty was given to the petitioner to approach the Court again, if needed, for the same relief.

4. The Managing Director of the Corporation rejected petitioner's representation vide order dated 08.11.2017, on the ground that (a) in the Service Rules, there is no provision for reservation in promotion to physically disabled persons (b) the post of Regional Manager is not identified for appointment of persons with disabilities and (c) as per Government Order, reservation in promotion is not available to persons with disabilities against Group ‘A' post.

5. Thus feeling aggrieved, petitioner has filed the present writ petition challenging the rejection order dated 08.11.2017 and also the Government Order dated 17.10.2017, whereby permission was granted to hold selection for promotion to the post of Regional Manager. In the writ petition, a direction has also been sought to the respondents to give effect to the provisions of Section 33 and 34 of the Rights of Persons with Disabilities Act, 2016 by providing reservation in promotion to the post of Regional Manager.

6. The issued raised in the present writ petition is no longer res integra.

7. Hon'ble Supreme Court in the case of Rajeev Kumar Gupta and others Vs. Union of India and others reported in (2016) 13 SCC 153 has held that once posts are identified under Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act No. 1 of 1996), the purpose behind such identification cannot be frustrated by prescribing a mode of recruitment which results in denial of statutory reservation and accordingly direction was issued to the Central Government to extend 3% reservation to persons with disability in all identified posts in Group ‘A' and ‘B' posts, irrespective of the mode of filling up of such posts. Paragraph Nos. 13, 24 & 25 of the said judgment are extracted below:

“13. For some of these identified posts in Group A and Group B, the mode of recruitment is only through promotions. The purpose underlying the statutory exercise of identification under Section 32 of the 1995 Act would be negated if reservation is denied to those identified posts by stipulating that either all or some of such posts are to be filled up only through the mode of promotion. It is demonstrated b