IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 8414 of 2009(V) ----------------------------------- PETITIONER(S): ----------------------- A.K. THILAKAN, AGED 53, S/O. A.V. KUMARAN, ASSARIPARAMBIL HOUSE, NJARAKKAL P.O., ERNAKULAM -05 BY ADVS. MR.E.K.MURALEEDHARAN MR.E.M.MURUGAN RESPONDENT(S): ---------------------- -- 1. STATE OF KERALA, REP. BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY (CENTRAL ZONE) ERNAKULAM. SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 8414 of 2009-V ------------------------------ Dated this the 2nd day of June, 2009. J U D G M E N T Heard Sri.E.K.Muraleedharan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, who is a person with disability was appointed as Assistant Engineer in the Kerala Water Authority on a provisional basis for a period of 179 days on 5.7.1999. On completion of 179 days, his service was terminated on 30.12.1999. In accordance with the policy of the State Government to regularise the services of the persons with disability who had been appointed under Rule 9(a) (i) of Part II of KS & SSR during the period from 15.8.1998 to 15.8.1999, the Government issued Ext.P5 order dated 30.11.2007 directing re-appointment of the petitioner in the Kerala Water Authority. The petitioner's grievance is that though Ext.P5 order was passed on 30.11.2007, the Kerala Water Authority has not till date given effect to Ext.P5. In this writ petition, the petitioner inter alia prays for a direction to the Kerala Water Authority to implement Ext.P5. 3. Ext.P5 was issued in implementation of the policy laid down by the Government in Ext.P3 order which applies to the Kerala Water W.P(C) No. 8414 of 2009-V 2 Authority also. The petitioner had applied pursuant to Ext.P3, based on his prior provisional service during the period from 5.7.1999 to 30.12.1999. His claim for re-appointment was accepted by the Government and his name was also included in the list appended to Ext.P5. The stand taken by the Kerala Water Authority in the counter affidavit is that the petitioner has not so far moved them seeking re- appointment in the service and that they have not received the originals of Exts.P6 and P7. 4. Ext.P8 discloses that a registered postal article was sent by the petitioner and delivered to the Managing Director of the Kerala Water Authority. The postal seal discloses that the postal article was sent on 27.1.2009. The respondents have no case that any other letter was received from the petitioner. I am therefore not pursuaded to accept the contention raised by the respondent that the petitioner has not so far requested the Kerala Water Authority to re-appoint him in service. Ext.P5 order is still in force. The Kerala Water Authority is bound to implement the decision of the Government in Ext.P3 and the consequential order evidenced by Ext.P5. Respondents 2 and 3 have no case that no vacancy of Assistant Engineer against which the petitioner can be accommodated exits. In such circumstances I am inclined to grant the reliefs prayed for by the petitioner. W.P(C) No. 8414 of 2009-V 3 The writ petition is accordingly allowed and respondents 2 and 3 are directed to re-appoint the petitioner as Assistant Engineer in implementation of Ext.P5 Government order within two months from today. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab