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C.V.Karuna vs State Of Kerala on 19 January, 2009

Kerala High Court
C.V.Karuna vs State Of Kerala on 19 January, 2009
       

  

  

 
 
  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

W.P.(C) No.25781/2008
-:2:-

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

Government.

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.)
ms

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