IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 1113 of 2011(L) ------------------------- PETITIONER(S): ----------------------- 1. BABUKUTTAN NAIR R.S, AGED 40 YEARS, S/O.RAMACHANDRA PILLAI R, VILLAGEMAN, NEDUVATHOOR, VILLAGE OFFICE, RESIDING AT NADUVILAZHEKATHUVEEDU, CHERUPOIKA PO, PUTHOOR, KOTTARAKkARA, KOLLAM DISTRICT. 2. SREELATHA R, AGED 37 YEARS, W/O.V.G.VENU KUMAR, VILLAGEMAN, PUTHOOR VILLAGE OFFICER, RESIDING AT MULELAZHIKATHU VEEDU, THEKEMCHERY, PUTHOOR (P.O.), KOTTARAKARA, KOLLAM DISTRICT. 3. RAJAN S, AGED 45 YEARS, S/O.GOPALAN, VILLAGEMAN, TALUK SRUVEY OFFICE, KOLLAM, RESIDING AT PUTHENVILA HOUSE, UMAYANALLOOR PO., PERAYAM, KOLLAM DISTRIRCT. 4. SANDHYA R, AGED 32 YEARS, W/O UNNI, VILLAGEMAN, KUMMIL VILLAGE OFFICE, RESIDING AT SANDHYA SADANAM, KADANOOR, CHADAYAMANGALAM (PO), KOLLAM DISTRICT. 5. MOHANAN C, AGED 41 YEARS, S/O.CHELLAPPAN, VILLAGEMAN, KULAKKADA VILLAGE OFFICE, RESIDING AT VALAYIL THARAYIL, MARU SOUTH, ALUMKADAVU PO, KARUNGAPALLY, KOLLAM DISTRICT. 6. JAYAKUMAR A., AGED 40 YEARS, S/O.APPUKKUTTAN PILLAI, VILLAGEMAN, KALAYAPURAM VILLAGE, RESIDING AT NEELIVILAVEEDU, CHATHANOOR, AMPALATHUMKALA PO, KOTTARAKKARA. 7. SUJA THOMAS, AGED 38 YEARS, W/O.BABU CHACKO, VILLAGEMAN, OMMANNOOR VILLAGE OFFICE, RESIDING AT THAYYIL VEEDU, SADANANDAPURAM PO, KOTTRAKKARA, KOLLAM DISTRICT. ...2/- WP(C).No. 1113 of 2011(L) -2- 8. BIJU V., AGED 26 YEARS, S/O, VIDHYASAGARAN, VILLAGEMAN, ITTIVA VILLAGE, RESIDING AT MELATHIL VEEDU, VALVUPACHA PO., KOLLAM DISTRICT. 9. SATHEESH KRISHNAN B, AGED 30 YEARS, S/O.T.BALAKRISHNAN, RESIDING AT KRISHNAVILAS, THEKKETHERY PO, PATTAZHY, KOLLAM DISTRICT. 10. HARI V, AGED 24 YEARS, S/O.VAMANAN, VILLAGEMAN, KAUNAGAPPALLY VILLAGE, RESIDING AT PUTHENPURA PADEETATHIL, MANAPPALLY PO, KARUNAGAPALLY, KOLLAM DISTRICT. 11. DINSAR A.M, AGED 35 YEARS, S/O.ABDUL MAJEED, VILLAGEMAN, VELLIYAM, RESIDING AT KUZHIYIL VEEDU, EDAVATTOM VELLIMON PO., KOLLAM DISTRICT. 12. RAJENDRAN PILLAI, AGED 38 YEARS, S/O.GOPALAKRISHNAPILLAI V., VILLAGEMAN, PAVITHRESWARAM VILLAGE OFFICE, RESIDING AT AMBANATTU PADINJATTATHIL (NILEMAL), PAZHAYAR MURI, EAST KALLADA PO, KOLLAM DISTRICT. 13. DEEPU R.S, AGED 27 YEARS, S/O.RAJMOHAN, VILLAGEMAN, CHANNAPPETTA VILLAGE OFFICE, RESIDING AT R.S.BHAVAN, UMMANADU, CHADAYAMANGALAM PO, KOLLAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE COMMISSIONER OF LAND REVENUE, COMMISSIONERATE OF LAND REVENUE, THIRUVANANTHAPURAM 695 001. 3. THE DISTRICT COLLECTOR, KOLLAM 691 001 4. THE THASILDAR, TALUK OFFICE, KOLLAM 691 001 ...3/- WP(C).No. 1113 of 2011(L) -3- 5. THE THASILDAR TALUK OFFICE, KOTTARAKKARA 691 506. 6. THE THASILDAR, TALUK OFFICE, KARUNAGAPALLY, KOLLAM DISTRICT, PIN-690 518,. 7. THE THASILDAR, PATHANAPURAM TALUK, PUNALUR, KOLLAM DISTRICT 691 305. R1 TO R7 BY GOVT. PLEADER SRI. K. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1113 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011 J U D G M E N T The petitioners are physically handicapped persons who were appointed as Villagemen on provisional basis for 179 days. They apprehend termination from service on completion of 179 days. They are aggrieved by the same. According to them, as per Section 23 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, 3% of Class III and IV posts are to be reserved for physically handicapped candidates. But the Government has identified posts for such reservation only from 2004 onwards and the 3% are calculated for backlog appointments only from 2004 onwards which according to the petitioners are against the provisions of Section 23 of the said Act. They would contend that the Government was bound to identify these posts with effect from 1995 and not with effect from 2004 and W.P.(C)No. 1113 of 2011 -2- therefore the backlog vacancies should be calculated with effect from 1995. They would also seek a direction to the respondents to regularise the services of the petitioners in those backlog vacancies. 2. I have heard the learned Government Pleader also. 3. The petitioners have not been able to satisfy me that they have a right to be regularised in service. In the matter of regularisation, the physically handicapped persons cannot be treated differently from other persons. In the matter of appointment of physically handicapped persons also Articles 14 & 16 of the Constitution of India are squarely applicable. Apart from the petitioners there are other physically handicapped persons who are eligible to be considered in the 3% reservation quota applicable to physically handicapped persons. If the petitioners are regularised in the posts in which they have been appointed temporarily, that would affect the fundamental right of other physically handicapped persons who are also eligible W.P.(C)No. 1113 of 2011 -3- to be considered for appointment to those posts under Articles 14 & 16 of the Constitution of India. As of now the petitioners are only provisional hands and they have no right to continue in service beyond the period for which they have been engaged, which is the settled law on the subject. 4. Apart from that the Government has already declared its policy on the question of regularisation of physically handicapped persons. Government orders issued in this regard specifically stipulated that only persons appointed in the temporary vacancies up to a specific date are entitled to the benefit of regularisation. The petitioners have admittedly been engaged provisionally subsequent to that date fixed by the Government. As such going by the policy of the Government also the petitioners are not entitled to regularisation in service. 5. As regards the question as to whether the backlog vacancies for physically handicapped persons in the 3% quota have to be calculated from 1995 or 2004 is not W.P.(C)No. 1113 of 2011 -4- necessary to be considered in this writ petition insofar as the petitioners are not entitled to regularisation as claimed by them. Therefore that question is left open to be considered in an appropriate case, where the vacancies have to be computed for advice by the Kerala Public Service Commission. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/