IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 5244 of 2008(Y) ------------------------- PETITIONERS: -------------------- 1. SASIKUMAR P.T., S/O. A.PADMANABHAN NAIR, 'KARTHIKA',KOLATHUVAYAL, P.O. ANCHAMPEEDIKA, KANNUR DISTRICT. 2. GANESAN C., S/O. NARAYANI C., CHERUVATTIL HOUSE, VEERANCHIRA, SREESTHA P.O., PAZHAYANGADI VIA., KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KANNUR. 3. THE STATE COMMISSIONER, COMMISSIONERATE FOR PERSONS WITH DISABILITIES, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, ALONG WITH WPC NO. 12399 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5244 of 2008(Y) APPENDIX PETITIONERS' EXHIBITS: P1 : COPY OF THE REPLY DATED 23.1.2008 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. P2 : COPY OF G.O.(RT.)NO.279/2004 DATED 29.6.2004 P3 : COPY OF THE FAX MESSAGE DATED 13.11.2007 P4 : COPY OF G.O.(P) NO.77/2007 SWD DATED 29.10.2007 P5 : COPY OF THE JUDGMENT DATED 5.12.2005 IN W.P.(C) NO.8204/2005 P6 : COPY OF G.O.(P) 20/98/P & ARD DATED 14.7.1998 P7 : COPY OF THE FAX MESSAGE DATED 15.11.2007 P8 : COPY OF G.O.(P) NO.85/2007 DATED 30.11.2007 RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - - W.P.(C) No.5244 of 2008. - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 J U D G M E N T Heard the learned counsel appearing on either side. 2. The petitioners are persons with physical disability. The Government had taken a policy decision to fill up back log vacancies of Class IV employees earmarked for persons with disability during the period from 1998- 1999 to 2003-2004. The District Collectors were authorised and empowered to select and appoint candidates against the said vacancies. With effect from 1.4.2004, such appointment is to made through the Kerala Public Service Commission. The grievance voiced by the petitioners is that they have not been considered for selection by the District Collector though 17 persons who were included along with them in the panel sent by the Employment Exchange have been appointed. The petitioners submit that in similar W.P.(C) No.5244 of 2008. 2 circumstances, a learned Single Judge of this Court has disposed of W.P.(C) Nos.18773 of 2008 and 30640 of 2008 with a direction to the District Collector, Thiruvananthapuram to consider the claims of persons similarly situate, for appointment to vacancies of Class IV employees, earmarked for persons with disability. 3. The respondents have filed a counter affidavit wherein it is stated that though the names of the petitioners were included in the panel sent by the Employment Exchange, as their medical certificates were not received in time, no written test or interview was conducted in their case. In my opinion, in view of the directions issued by this Court in W.P.(C) Nos.18773 of 2008 and 30640 of 2008, the petitioners herein are also entitled to have their claims considered. I accordingly dispose this writ petition with a direction to the second respondent, District Collector, Kannur to consider the claims of the petitioners for appointment against vacancies of Class IV employees W.P.(C) No.5244 of 2008. 3 earmarked for persons with disability, for the period from 1998- 99 to 2003-2004. Necessary steps in that regard shall be taken and completed within three months from the date on which the petitioners produce a certified copy of this judgment before the District Collector, Kannur. While considering the claims of the petitioners, the claims of other persons included in the panel forwarded by the Employment Exchange shall also be considered. P.N. RAVINDRAN, JUDGE. app/-