1. The petitioner before this Court is a Physically Handicapped Person under the employment of Oriental Insurance Co. Ltd. and he is having 50% locomotor disability. He was appointed as Office Assistant on 13.3.1997 and was promoted to the next higher post i.e. Senior Assistant which is again a Group-C post against a single reserved vacancy on 3.1.2011.

2. The petitioner’s contention is that he was entitled for promotion under the category meant for Physically Handicapped Person from much earlier date i.e. after he has completed three years as Office Assistant (Group-C) and he was entitled for promotion w.e.f. 1.1.2001. The petitioner has further stated that as per Office Memorandum dated 16/01/1998 issued by Government of India which is applicable in respect of petitioner’s organization, the policy of reservation for Schedule Cast, Schedule Tribe and Physically Handicapped Person in promotion is applicable in respect of all groups i.e. Group-A, B, C and D. The petitioner has further stated that earlier Office Memorandum was superseded and the Union of India has issued another Office Memorandum dated 29.12.2005 which also provides for 3% reservation to the post under Group-A, B