IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 37085 of 2008(M) -------------------------- PETITIONER(S): ------------------ VEENA.G., D/O.MOHAN.S.V., 'PADMA' KRISHNAPURAM P.O., OCHIRA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ALAPPUZHA. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37085/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF DISABILITY CERTIFICATE DT 5.10.04. EXT.P2: TRUE COPY OF GO(P) NO.20/98/P&ARD DT 14.7.98. EXT.P3: TRUE COPY OF GO(P) NO.31/2008/SWD DT 19.5.2008. EXT.P4: TRUE COPY OF LETTER NO.A4.57175/07 DT 11.9.07. EXT.P5: TRUE COPY OF LETTER NO.S2/28259/L.DIS DT 31.5.08. EXT.P6: TRUE COPY OF GO(P) NO.77/2007/SWD DT 29.10.2007 EXT.P7: TRUE COPY OF LETTER DT 23.10.08. EXT.P8: TRUE COPY OF LETTER NO.A4.57175 DT 28.10.08. EXTS. OF R1 EXT.R1(a): A PHOTOCOPY OF THE GO(MS) NO.37/2009/SWD DT 26.8.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 37085 OF 2008 (M) ===================== Dated this the 13th day of November, 2009 J U D G M E N T Petitioner is a physically handicapped person entitled to the benefit of reservation as provided under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act 1995. 2. In this writ petition, her grievance is that though by Ext.P4 dated 11/9/07, she was called for an interview for appointment to the post of LD Typist and she appeared for the same, appointments pursuant to Ext.P4 have not been made. It is stated that vacancies which were in existence prior to 2004 are to be filled up following the scheme as formulated in Ext.P2 and as she was considered against a vacancy which was available prior to 2004, she is entitled to be appointed pursuant to Ext.P4. 3. Along with the counter affidavit, respondents have produced GO(MS) No.37/2009/SWD dated 26/8/09 and the concluding portion of the order reads as under: Government have examined the matter in detail. It is seen that the backlog vacancies for the years prior to 2004, for appointment of physically handicapped candidates have already been filled up in several districts. The directions of the Hon'ble High Court is to ascertain the backlog vacancies for the year 2002-03 for appointment of physically handicapped candidates WPC 37085/08 :2 : by the District Collectors and to give appointment to those candidates selected by the District Collectors to those vacancies. In the circumstances Government are pleased to order that the District Collectors shall ascertain the backlog vacancies upto 31.12.2003 which are still unfilled and to give appointments to the physically handicapped candidates from the rank list prepared by the District Collectors, as per then existing scheme, strictly according to their rank, and the number of vacancies available. From this, it is evident that the Government have also taken the view that vacancies for the years prior to 2004 are to be filled up following the method as laid down in Ext.P2, in pursuance to which, the petitioner was called for interview by Ext.P4. 4. Therefore, the only order that is now called for is that the 3rd respondent, the District Collector, shall take necessary action in pursuance to Ext.R1(a) Government Order referred to above. The vacancies shall be identified and appointments shall be made as ordered therein. This shall be done, as expeditiously as possible, at any rate within 2 months of production of a copy of this judgment. Petitioner may produce a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp