High Court Kerala High Court

R.Pakashan & Others vs State Of Kerala & Others on 8 April, 2009

Kerala High Court
R.Pakashan & Others vs State Of Kerala & Others on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12177 of 2009(N)



1. R.PAKASHAN & OTHERS
                      ...  Petitioner

                        Vs

1. STATE OF KERALA & OTHERS
                       ...       Respondent

                For Petitioner  :SRI.B.PREMNATH (E)

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :08/04/2009

 O R D E R
                      T.R. Ramachandran Nair, J.
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                     W.P.(C) No. 12177 of 2009-N
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                Dated this the 8th day of April, 2009.

                                 JUDGMENT

The petitioners are physically handicapped persons who are appointed

in Government departments during various periods starting from the year

1996. It is stated that they were appointed through Employment Exchanges

and they were terminated at the end of the prescribed period, except the 6th

petitioners who is working provisionally as L.D. Typist/Clerk, Farm

Information Bureau, Calicut from 24.12.2008 which is to expire on

20.6.2009. He had earlier worked during the year 1995 to 1996.

2. The main complaint raised by the petitioners is that even though

similarly placed physically handicapped persons who had gained

employment on a provisional basis, have been ordered to be regularised in

service as per Ext.P1 and other orders, no such benefit has been conferred

on persons like the petitioners who are similarly situated. Ext.P1 is an order

by which the Government directed regularisation in service of physically

handicapped provisional employees who were in service during the period

15.8.1998 to 15.8.1999 and who have completed 179 days of service. It is

now pointed out that persons who were in service during the period from

wpc 12177/2009
2

1.1.1997 to 31.12.1997 have also been directed to be regularised as per

G.O.(P) No.32/1998/P & ARD dated 28.9.1998. The petitioners contend

that as similarly placed physically handicapped provisional employees are

considered for regularisation, there cannot be a differentiation between

persons appointed in an year to that of persons appointed in another year.

It is contended by the learned counsel for the petitioners that same will

violate Articles 14 and 16 of the Constitution of India.

3. The petitioners have approached the Government by filing Ext.P3

representation. It is seen from Ext.P4 that the same has been acknowledged

also.

In the result, the writ petition is disposed of directing the second

respondent to consider and pass orders on Ext.P3 after hearing the

petitioners (a representative of the petitioners will be heard), within a period

of five months from the date of receipt of a copy of this judgment. The

petitioners will produce a copy of the writ petition along with a copy of the

judgment before the second respondent for compliance.

Sd/-

(T.R. Ramachandran Nair, Judge.)

kav/
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P.A. to Judge