IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 3780 of 2009(Y) ----------------------------------- PETITIONER(S): ------------------------ SAJU MATHEW.M, MAMOOTTIL (H), THADIKKADAVU P.O., KANNUR (NOW NOT WORKING) BY ADVS. MR.SUNIL NAIR PALAKKAT MR.K.N.ABHILASH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO THE SOCIAL WELFARE DEPARTMENT, OF THE GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR, VOCATIONAL HIGHER SECONDARY DEPARTMENT, THIRUVANANTHAPURAM. SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.3780 of 2009 -------------------------------------- Dated 31st March, 2009 JUDGMENT Heard Sri.Sunil Nair Palakkat, the learned counsel appearing for the petitioner ad Sri.A.J.Varghese, the learned Government Pleader appearing for the rspondents. 2. The petitioner is a person with disability. He had worked as Vocational Instructor in VHSC Thalassery during the period from 12.7.1999 to 15.4.2000 on a provisional basis pursuant to his appointment under Rule 9 (a) (i) of Part II of the KS & SSR. By Ext.P1 order issued on 5.3.2005, the Government decided to regularize provisional employees with disability who were engaged in public services through Employment Exchanges under Rule 9(a)(i) of Part II of the KS & S.S.R. during the period from 15.8.1998 to 15.8.1999 and to re-appoint them in service. Thereupon Ext.P2 Government order was issued directing re-appointment of a large number of persons including the petitioner. The petitioner's grievance is that notwithstanding the inclusion of his name in the list appended to Ext.P2 Government order, till date, orders have not been issued re-appointing him as Vocational Instructor. 3. The petitioner had earlier submitted a representation WP(C).No.3780/2009 2 dated 17.6.2008 before the Director of Vocational Higher Secondary Education. When orders were not passed on the said representation, he filed W.P.(C)No.28710 of 2008 in this Court. By Ext.P4 judgment delivered on 26.9.2008, this Court directed the Director of Vocational Higher Secondary Education to consider the said representation and pass orders thereon. Pursuant to the directions issued by this Court in Ext.P4 judgment, the Director of Higher Secondary Education issued Ext.P5 order dated 29.10.2008 rejecting the petitioner's claim for re- appointment on the ground that the qualifications for appointment to the post of Vocational Instructor have been amended in the year 2004 and the petitioner cannot therefore be given re-appointment. This writ petition was thereupon filed challenging Ext.P5. The petitioner has thereafter filed Ext.P7 representation dated 11.2.2009 before the State Government, canvassing the correctness of Ext.P5 and seeking re- appointment in service. The learned Government Pleader appearing for the respondents submits on instructions that the original of Ext.P7 has been received by the Chief Secretary and forwarded to the Secretary to Government, General Education Department for appropriate action. 4. The petitioner was appointed on provisional basis during the period from 12.7.1999 to 15.4.2000. The qualifications for appointment to the post of Vocational Instructor were amended thereafter. Therefore, though the petitioner is entitled to the benefits flowing from Exts.P1 and P2, as a subordinate officer of the WP(C).No.3780/2009 3 Government, the Director of Vocational Higher Secondary Education could not have appointed the petitioner. Ext.P2 in fact contains a stipulation that re-appointment can be given only to qualified persons included in the list appended to it. The Government alone can in view of the changed circumstances consider whether the petitioner can be re-appointed notwithstanding the fact that he does not possess the qualifications prescribed in the year 2004 for appointment as Vocational Instructor in exercise of the power conferred under Rule 39 of Part II of the KS & SSR. In these circumstances, I am of the opinion that the Government should consider the issue. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider the request made by the petitioner in Ext.P7 and pass orders thereon. Final orders in the matter shall be taken within a period of four months from the date of receipt of a certified copy of this judgment. The petitioner shall with a view to enable the Secretary to Government, General Education Department to pass orders as directed above, produce a copy of this writ petition along with a copy of this judgment before the said officer. P.N.RAVINDRAN Judge TKS