IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19617 of 2008(I)
1. P.P.SABNA, D/O.ASSAINAR, AGED 23
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.BABU S. NAIR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/09/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 19617 OF 2008
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Dated this the 1st September, 2008
J U D G M E N T
The petitioner is a physically challenged person. It is stated that she has
physical disability of 40% to both of her lower limbs due to post polio residual
paralysis. As per Ext. P2 letter dated 03.12.2005, the District Collector,
Malappuram addressed to the District Employment Officer, Malappuram
requesting him to prepare a list of persons to be considered for the post of LDC,
LDT and Peon under the scheme for direct appointment of physically
challenged persons. In reply to Ext. P2, Ext.P3 letter was sent by the Deputy
Director of Education to the District Collector which would indicate that in P.D.
section there are 14 vacancies of P.D. Teachers to be filled up from among the
category of physically challenged persons. As per Ext. P4 letter dated
02.08.2006, the District Collector requested the Government to reserve the
vacancies for the appointment of physically challenged persons.
2. W.P.(C) No. 22804 of 2007 was filed by seven persons claiming that
they are entitled to be appointed under the category of direct appointment of
physically challenged persons. As per Ext.P5 judgment, this court directed the
Government to finalise the appointments to seven vacancies.
3. Ext. P7 letter dated 30.05.2008 issued by the District Collector to the
W.P.(C) No. 19617 OF 2008
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petitioner would indicate that the vacancies of L.P.S.A were not filled up due to
lack of concurrence from the Government. The prayer made in the Writ Petition
is to issue a writ of mandamus commanding the respondents to pass
immediate orders appointing the petitioner to the post of P.D. teacher (L.P.S.A.)
against the vacancy reserved for persons with disability in Malappuram district
for the years, 1998 to 2003.
4. A counter affidavit is filed on behalf of the first respondent.
Paragraph No.8 of the counter affidavit would indicate that directions have been
issued to the Deputy Director of Education, Malappuram to appoint seven
persons as U.P.S.A. in compliance with Ext. P5 judgment. It is stated in
paragraph Nos. 9 and 10 of the counter affidavit as follows:
“9. A written test and interview have to be conducted for
selecting the eligible candidates from the panel of
candidates (52 nos.) furnished by the District Employment
Officer as per his letter No.C1-33/06 dated 22.11.2006,
including the petitioner for filling the above 5 LPSA
vacancies. Now the matter is pending before Government
in Social Welfare Department.
10. Since the quota earmarked for physically
handicapped candidates upto 2003 has already been filled
up as stated by Deputy Director of Education, order of
Government creating supernumerary post is necessary.
Accordingly, as per DO letter No.A2-53226/05(3) dated
W.P.(C) No. 19617 OF 2008
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12.6.2007 of this office, the Government was requested to
create 7 posts of LPSA and 7 posts of UPSA in Education
Department and 5 LDC and 10 LDT supernumerary posts
in various departments in this district. Now the matter is
pending before Government in Social Welfare
Department. ”
5. The counter affidavit filed by the first respondent would indicate that a
final decision will be taken by the Government in the matter of creation of
supernumerary posts to accommodate persons like the petitioner. An early
decision in the matter is expected. The petitioner confines her relief in the Writ
Petition to a direction to the Government to finalise the matter in the light of the
averments contained in the counter affidavit, so that the petitioner can be
accommodated as P.D. teacher without delay.
6. Accordingly, the Writ Petition is disposed of directing the third
respondent to finalise the matter relating to appointment of physically
challenged persons as P.D. teachers (L.P.S.A.) against the vacancies reserved
for persons with disability in Malappuram district. A final decision shall be taken
by the third respondent as expeditiously as possible.
It is submitted by the learned Government Pleader that for creation of
supernumerary posts, concurrence from the Finance Department is also
necessary. Taking into account this submission it is directed that the
Government shall finally dispose of the matter within a period of five months.
W.P.(C) No. 19617 OF 2008
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The petitioner shall submit a copy of the Writ Petition, a copy of the counter
affidavit and certified copy of the judgment before the third respondent, without
delay.
K.T. SANKARAN,
JUDGE.
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