IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 25781 of 2008(T) ---------------------------------------- PETITIONER(S): -------------------------- C.V.KARUNA, W/O.MOHANDAS, CHEEMENI PO., CHERUVATHUR VIA., KASARAGOD. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., SOCIAL WELFARE DEPARTMENT, TRIVANDRUM. 2. THE REGISTRAR OF CO.OP.SOCIETIES, TRIVANDRUM. 3. THE DISTRICT EMPLOYMENT OFFICER, KASARAGOD. GOVERNMENT PLEADER SMT. T.B.REMANI FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25781/2008 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DTD. 9/05/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE COMMUNICATION 21/11/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE G.O.(P) NO.43/2007 SWD DTD. 9/08/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MINISTER FOR SOCIAL WELFARE DEPT. EXT.P5: COPY OF THE COMMUNICATION DTD. 16/01/2008 ISSUED FROM THE OFFICE OF THE MINISTER. EXT.P6: COPY OF THE COMMUNICATION DTD. 18/03/2008 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXT.P6(I.A.NO.11516/2008):COPY OF THE RELEVANT EXTRACT OF G.O.(P) NO.85/2007/SWD DTD. 30/11/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss 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