IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 22391 of 2008(N) ----------------------------------------- PETITIONER: -------------------- VRINDA.K, W/O.V.V. RISHIKESH, AGED 39 YEARS, KAIRALI HOUSE, VALAPATTANAM.P.O, ARATTUVAYAL, KANNUR. BY ADV. SRI.GEORGE MECHERIL RESPONDENTS: -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. * 2. (THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM) * THE DIRECTOR, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. * CORRECTION CARRIED OUT AS PER ORDER IN I.A.NO.10376/08 DTD. 18/08/2008. GOVERNMENT PLEADER SRI. T.T. MOHAMMED FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.22391/2008 ----------------------------------------------------------- Dated this the 25th day of September, 2008 JUDGMENT Petitioner is a physically handicapped person, who was appointed as Instructor(Clothing & Embroidary) on a provisional basis, under Rule 9(a)(1) of KS & SSR. His engagement was during the period 15.8.1998 to 15.9.1999. Ext.P1 is a Government order providing that physically handicapped persons engaged on provisional basis during 15.8.1998 to 15.8.1999 shall be re-engaged and regularized in Government service. It inter alia provides that in case vacancies are not available, cases of those included in the list will be considered for appointment against immediately arising future vacancies that are set apart for the physically handicapped persons. Wp(c).No.22391/08 2 2. Petitioner submits that the Government considered the eligibility of the candidates and finally prepared a list which is appended to Ext.P1 and her name is included as Sl.No.31 there of. It is stated that despite having done this, as the benefit of Ext.P1 was not extended, she made representations and finally she was issued Ext.P2, informing that as the vacancies were reported to the Public Service Commission for filling up on a regular basis, her case can be considered only against the future vacancies. Petitioner submits that though she made representations, she did not succeed in getting any benefit. It is with this grievance the writ petition has been filed. 3. A counter affidavit has been filed by the respondents, in which, they admit the eligibility of the petitioner for the benefit of Ext.P1. However, it is stated that permanent vacancies as on 30.3.2004 have already been reported to the PSC for filling up the same on a regular basis and that although they have no hesitation to appoint the petitioner, the same can only against vacancies of Instructor(Clothing & Embroidery) arising in future. Wp(c).No.22391/08 3 4. I heard the counsel for the petitioner and also the learned Government Pleader. As already mentioned, Ext.P1 provides for regularization of a class of physically handicapped employees and the petitioner is also found eligible for the same as her name is included at Sl. No.31 of the list attached to Ext.P1. The only difficulty that the respondents have stated in Ext.P2 and reiterated in the counter affidavit is that the vacancies as on 30.3.2004 have already been reported to the PSC. 5. As already noticed, the Government order itself provides that in case vacancies are not available, cases of those included in the list will be considered for appointment against immediately arising future vacancies. Since vacancies as on 30.4.2004 has already been reported and as per the rules governing the same, these vacancies cannot be cancelled or reduced it may not be possible for the petitioner to claim appointment against the vacancies which are already reported to the PSC. 6. But then the fact remains that the petitioner is eligible and the vacancies reported are those as on Wp(c).No.22391/08 4 30.3.2004. Counter affidavit is silent as to whether any vacancies arose in this category subsequent to 30.3.2004. If there are vacancies, necessarily petitioner has a claim for appointment against such vacancies. This certainly is a matter for the second respondent to ascertain. Therefore, I direct that the second respondent shall on production of a copy of the judgment, ascertain as to whether any vacancy is available for physically handicapped persons which arose subsequent to 30.3.2004 and on such examination if it is found that any vacancy is available, the claim of the petitioner on the basis of Ext.P1 shall be considered and appropriate orders in this behalf shall be passed. Necessarily, this shall be subject to seniority of the similar hands. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. Wp(c).No.22391/08 5