IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3266 of 2007(L)
1. BABU K.A., S/O. K.T.AUGUSTHY,
... Petitioner
Vs
1. THE DISTRICT MEDICAL OFFICER,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. THE SUPERINTENDENT,
For Petitioner :SRI.K.GOPALAKRISHNA KURUP
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :31/01/2007
O R D E R
K.K.DENESAN, J.
-----------------------------
WP(C)No. 3266 OF 2007
-----------------------------
Dated this the 31st January, 2007.
JUDGMENT
Heard both sides.
2. The petitioner who is working as Scavenger in the
Medical College Hospital, Kottayam since 2002, apprehends
that he will not be considered for selection to regular
vacancies in the same post for the reason that he is now
working in the establishment on daily wages. The stand
taken by the respondents in a similar writ petition was
that appointments can be made only from the list of
candidates forwarded by the Employment Exchange and since
the petitioner is already employed, his name cannot be
included in the list to be furnished by the Employment
Exchange. After considering the above contention also,
this Court in the judgment dated 20.11.2003 in W.PC)No:
35446/2003(Ext.P4), directed that as and when the
respondents consider steps for the regular selection of
part-time workers as Scavenging Workers, the petitioners
therein, who had registered their names in the Employment
Exchange, will also be entitled to participate in the
selection.
3. The petitioner is similarly situated like the
petitioners in Ext.P4. It is submitted that they had
WPC 3266/2007 2
registered their names in the Employment Exchange. If that
is so, the petitioner also will be entitled to the benefit
granted to the petitioners in Ext.P4 judgment. It is
hereby ordered that the petitioner shall be permitted to
participate along with other candidates sponsored by the
Employment Exchange provided he has got registration
through Employment Exchange.
4. The petitioner has got a case that he is a person
with disability and is entitled to be considered against 3%
quota reserved for such categories of candidates. It is
not understood whether the respondent has earmarked
vacancies for such categories.
5. Reserving the right of the petitioner to claim
appointment against the quota reserved for persons with
disability and directing the respondents to consider him
for the post of Part time employee along with other
candidates who are sponsored by the Employment Exchange
this writ petition is disposed of.
K.K.DENESAN
Judge
jj/jan