IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 25781 of 2008(T) 1. C.V.KARUNA, W/O.MOHANDAS, ... Petitioner Vs 1. STATE OF KERALA, REP. BY THE SECRETARY ... Respondent 2. REGISTRAR OF CO.OP.SOCIETIES, 3. DISTRICT EMPLOYMENT OFFICER, KASARAGOD. For Petitioner :SRI.P.NARAYANAN For Respondent :GOVERNMENT PLEADER The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR Dated :19/01/2009 O R D E R T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25781/2008-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of January, 2009 J U D G M E N T
The petitioner is a physically handicapped person having
40% disability. She was engaged as Junior Auditor on provisional basis
under Rule 9(a)(i) of the K.S.& S.S.R in the Co-operative Department from
24/02/1999 to 21/08/1999 through the Employment Exchange. The
Government as per G.O.(P) No.33/2005/SWD dated 05/03/2005, have
ordered regularisation of physically handicapped provisional employees
who were engaged in public service through Employment Exchange under
Rule 9(a)(i) of the K.S.& S.S.R during the period from 15/08/1998 to
15/08/1999 for 179 days. Even though the petitioner submitted an
application for regularisation/reappointment, that was rejected by the first
and second respondents as per Exts.P2 and P1. At that time, the stand taken
was that she had not completed 179 days. The decision with regard to the
necessity for completion of 179 days was relaxed as per G.O.(P).
No.43/2007/SWD, dated 09/08/2007 (Ext.P3). As per the said government
order, persons like the petitioner, who were engaged in public service
through Employment Exchange under Rule 9(a)(i) of the K.S.& S.S.R
during the period from 15/08/1998 to 15/08/1999, were entitled for
regularisation. On the basis of the above government order, the petitioner
submitted Ext.P4 representation before the Minister for Social Welfare
Department, which was forwarded to the first respondent from the office of
the Minister as per Ext.P5. The first respondent by Ext.P6 letter dated
18/03/2008, called for a report in the matter from the third respondent.
Aggrieved by the delay in taking a decision by the respondents in the
matter, the petitioner has filed this writ petition.
2. The third respondent has filed a counter affidavit. It is pointed
out therein that the third respondent has forwarded the report on the
petitioner’s representation to the Government and it is for the Government to
finalise the action in respect of the reappointment of physically handicapped
candidates who worked during the period from 15/08/1998 to 15/08/1999
and the eligibility of the petitioner has to be finally decided by the
3. Therefore, there will be a direction to the first respondent to
consider and pass orders on Ext.P4, after considering the report forwarded
by the third respondent in reply to Ext.P6, within a period of three months
from the date of receipt of the copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)