IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 17691 of 2007(F) -------------------------------------- PETITIONER: ----------------- SREEJA K.G., KOLLERI HOUSE, VAZHAVATTA P.O., WAYANAD DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ---------------------- 1. THE DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PROJECT OFFICER, I.T.D.P., WAYANAD. 3. THE DISTRICT COLLECTOR, WAYANAD. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 17691/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE COMMUNICATION NO. A2. 19143/05 DT. 29/11/2005 BY THE R3 TO THE PETITIONER. EXT.P2. COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER DIRECTING HER TO APPEAR BEFORE THE R1 DT. 12/12/2005 FOR WRITTEN TEST AND CERTIFICATE VERIFICATION. EXT.P3. COPY OF THE RANK LIST FOR THE POST OF PEON IN ITDP PUBLISHED BY THE R3 ON 23/12/2006. EXT.P4. COPY OF THE PROCEEDINGS DT. 3/1/2007 ISSUED BY THE R3 SELECTING THE PETITIONER TO THE POST OF PEON IN ITDP. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. -------------------------------------- W.P.(C).No.17691 of 2007 ------------------------------------- Dated this the 30th day of January, 2008. JUDGMENT The District Collector, Wayanad, 3rd respondent, initiated steps for effecting appointments of physically handicapped persons in the Tribal Development Department. The petitioner applied and after due process of selection, the petitioner was included as Rank No.1 in the select list for appointment to the post of Peon. By Ext.P4 the District Collector, after intimating the selection of the petitioner required the Director of Tribal Development to appoint the petitioner. Apparently, since there was no post of peon, the petitioner was given appointment as Watchman in the Pre- metric hostel. Being physically handicapped, petitioner found it difficult to undertake the duties of watchman and this was intimated to the department. In such circumstances she has approached this court seeking a direction that she be given a posting in terms of Ext.P4 in the Institute of Tribal Development Project. 2. A statement has been filed by the Administrative Officer of the Directorate of Scheduled Tribe Development. Paragraph 3 of the said statement reads as follows: W.P.(C).NO.17691/07 :: 2 :: “It is submitted that one vacancy of Last Grade Servant (Class IV) in Wayanad District under the Department was reserved for direct recruitment under Physically Handicapped Scheme for the year 2001. Smt.Sreeja, the petitioner has been selected against the vacancy for the post of Peon, reserving the post for the year 2002, by the District Collector, Wayanad. As there is no vacancy of Peon under ITDP, Wayanad appointment has been made against the vacancy of Watchman in the Pre-Matrict (sick) Hostel, Vanjode under Tribal Development Office, Mananthavadi. The Watchman and Peon belongs to the same category ie. Under Last Grade Service, carrying same scale of pay. She was appointed in the said post on condition that she will be given to the suitable posting as Peon without losing her seniority as and when vacancy of Peon arise in Wayanad District, but she has not at reported for duty.” 3. In view of the fact that the petitioner is a physically disabled person and she was selected to the post of Peon, the respondent should appoint her in the next arising vacancy of peon. 4. In the result, the writ petition is disposed of as follows: W.P.(C).NO.17691/07 :: 3 :: (a) Pursuant to Ext.P4 and the order of appointment dated 30.6.2007, the petitioner may join duty in the Pre-Metric Hostel. If the petitioner reports within a period of four weeks from today, it shall be treated as one in compliance with the order of appointment dated 30.6.2007. (b) Thereafter the petitioner shall be accommodated in the next arising vacancy in the Institute of Tribal Development Project as indicated in para 3 of the statement, which has been extracted above. Sd/- (V.GIRI) JUDGE sk/ //true copy//