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HIGH COURT OF KERALA
P.V.ASHA, J
VIJAYAKUMARA VARIER M K – Appellant
Versus
THE FGERTILIZERS AND CHEMICALS TRAVANCORE LIMITED Advocate -SRI M GOPIKRISHNAN NAMBIAR – Respondent
WRIT PETITION (CIVIL) 37830/2016
Reservation - Promotion - Government Orders - Ext.P3, Section 6 - This case revolves around the interpretation of government orders that reserved promotional vacancies for physically handicapped employees and the procedural adherence necessary for implementing such reservations.
Fact of the Case:
The petitioner, an Accounts Assistant with a 50% disability, challenged the denial of his promotion to Senior Assistant under the reserved quota for the physically handicapped, citing several government orders for mandatory reservations.
Finding of the Court:
The court found that the petitioner's promotion was in accordance with seniority within the general category and that the evidence did not support the allegation of manipulation of records or promotion under the reserved category before the applicable vacancies arose.
Issues: Whether the petitioner was entitled to promotion to Senior Assistant under the reservation for the physically handicapped based on prior government directives concerning promotional vacancies.
Ratio Decidendi: The court held that the procedural directives for reservation require strict adherence to established vacancy counts and that the petitioner’s promotion followed legitimate seniority rules without conflict with reservation policies.
Final Decision: The writ petition is dismissed.
JUDGMENT
The petitioner who is presently working as Accounts Assistant-
Sub-Layer in the Finance Department of Fertilizers and Chemicals Travancore Limited-the 2nd respondent, challenges Exts.P5 and P8 orders by which his request for promotion to the post of Senior Assistant in the quota for physically handicapped as against the vacancies which arose in the year 1991-92 were declined.
2. The petitioner is having 50% disability which is categorized as orthopedically handicapped (OH) as evident from Ext.P1. He entered service as an Accounts Clerk on 08.08.1988 in the Udyogamandal Division of the 1st respondent. He got promotion as Junior Assistant on 29.12.1990 and thereafter as Senior Assistant on 23.12.1996. Thereafter he got promotion as Accounts Officer Finance - Sub-Layer in the year 2016. The Government of India had issued orders directing reservation for physically handicapped persons in Group C and D posts. As per Ext.P2 order issued on 20.11.1989 by the Department of Personnel and Training, it was directed to identify the posts for reservation of physically handicapped in appropriate categories under the Government Departments. Thereafter Ext.P3 order was issued on 03.06.1991 by the Government of India, Ministry of Agriculture, Department of Fertilizers regarding reservation of physically handicapped in Group C and D posts under the Central Public Enterprises on the basis of presidential directions issued under Article 116 of the Articles of Association of the Fertilizers and Chemicals Travancore Limited. As per this order 3% of the vacancies were directed to be reserved for physically handicapped persons demarcating one each for blind, deaf and orthopaedically handicapped. As per paragraph 2.2 of this order it was directed that the Chief of Personnel shall maintain a separate 100 point register, in which each cycle of 100 points shall be divided into three blocks; to the 1st block – point no.1 to point no.33, to the 2nd block - point no.34 to point no.67 and to the 3rd block – point no.68 to point no.100. Paragraph 2 of this order provided for computation of 3% reservation in which it was directed that the vacancies shall be plotted on the separate rosters being maintained for different grades/cadres in each office of the appointing authority for giving effect reservation for Scheduled Castes/Tribes. In case such vacancies occur in posts identified as suitable for one or more of the categories of the handicapped, the appointing authority shall also work out the number of vacancies which could be reserved for the physically handicapped, after accommodating fresh and the carried forward reservation of Scheduled Castes/Tribes, within the 50% ceiling as laid down by the Supreme Court. Clause 6 deals with promotion. Clause 6.3 of Ext.P3 order provides that 3% reservation for physically handicapped shall be effected in the same manner as laid down in paragraph 2. Paragraph 2 provides for reservation against the points within 33, 67 and 100 in group C and D posts.
3. Petitioner approached the Chief Commissioner for Persons with Disabilities with a representation complaining that he was denied promotion against vacancies which arose in the post of Senior Assistants in June 1991 and thereafter in July 1992, in the 3% quota reserved for physically handicapped. After hearing the respondents the Chief Commissioner, as per Ext.P4 order dated 27.04.2015, directed the respondents to examine the claim of the petitioner with respect to promotion as Junior Assistant and Senior Assistant in Udyogamandal Division of the Company. As promotion granted to the petitioner as Junior Assistant was seen given even before the issue of presidential directions, it was directed that respondents shall examine the records and see that the instructions of DoP&T on reservation of vacancies for persons with disabilities in promotion to group C and D posts were implemented. In case the benefit of reservation was not provided to persons with disabilities in acc
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