IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 10210 of 2007(M) ----------------------------------------- PETITIONER: --------------------- SHIBI.P., VALLOPURATHKANDI, PAVANDOOR P.O., NENMANDA (VIA), KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA BUILDING & OTHER CONSTRUCTION WORKERS' WELFARE BOARD (FORMERLY KNOWN AS KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD), REP. BY ITS CHIEF EXECUTIVE OFFICER, POOJAPPURA, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, KERALA BUILDING & OTHER CONSTRUCTION WORKERS' WELFARE BOARD (FORMERLY KNOWN AS KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD), POOJAPPURA,THIRUVANANTHAPURAM 4. THE DISTRICT EXECUTIVE OFFICER, KERALA BUILDING & OTHER CONSTRUCTION WORKERS' WELFARE BOARD, KOZHIKODE. BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR R2 TO R4 BY ADV. SRI.M.L.SAJEEVAN, SC, K.B & O.C.W.W.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10210/2007 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDING OF MEDICAL BOARD HELD AT GOVERNMENT GENERAL HOSPITAL, KOZHIKODE DTD. 30/10/93. EXT.P2: COPY OF THE ORDER NO.E1-2690/98 DD. 9/03/98. EXT.P3: COPY OF THE DISCHARGE CERTIFICATE ISSUED TO THE PETITIONER BY THE DISTRICT EXECUTIVE OFFICER, KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD. EXT.P4: COPY OF THE G.O.(P) NO.32/98/P&ARD DTD. 28/09/98. EXT.P5: COPY OF THE G.O.(P) NO.10/99 P&ARD DTD.17/05/9. EXT.P6: COPY OF THE REPLY SENT BY THE 1ST RESPONDENT DTD. 21/11/00. EXT.P6(A): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.23997/0 DTD. 28/09/01. EXT.P7: COPY OF THE REPLY SENT BY THE 4TH RESPONDENT TO THE PETITIONER DTD. 29/01/05. EXT.P8: COPY OF THE DETAILED REPRESENTATION SENT BY THE PETITIONER TO THE COMMISSIONER FOR HANDICAPPED PERSONS THIRUVANANTHAPURAM DTD. 16/02/06. EXT.P9: COPY OF THE LETTER NO.244/22/SCPWD DTD. 4/03/06. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.10210 of 2007 ------------------------- Dated this the 21st day of January, 2008. JUDGMENT The petitioner is a physically handicapped person having more than 40% disability when she was appointed under Ext.P2 order as Lower Division Clerk for a period of 179 days from 23.9.1998. On the expiry of the said period, her services were terminated. As per Ext.P5 order, persons, who were employed in different public sector undertakings during the period from 01.01.1998 to 14.08.1998 were directed to be regularised and their services were regularised. Petitioner claims similar treatment. Her claim was rejected as per Ext.P6 pointing out Rule 279(2)11) of the Buildings and other Construction Workers (Regulation of Employment and Conditions of Service) Kerala Rules, 1998 to the following effect: “All appointments in the Board are on deputation basis from the different departments of the Government. No permanent posts have been sanctioned in the Board as such. Therefore, Ext.P5 Government Order cannot be enforced as W.P.(C).NO.10210/07 :: 2 :: against the 3rd respondent. Hence the petitioner's application is rejected.” 2. The petitioner filed O.P.No.23997/00. By Ext.P6(a) judgment dated 28th September, 2001 her claim was directed to be considered afresh in the light of Ext.P5 Government Order. Stating the same reason, the petitioner's representation was again rejected as per Ext.P7 order. Ext.P7 has been challenged in this writ petition. 3. The Board has filed a counter affidavit citing the same reason. Though the reason is not very appealing as such, it is not necessary for me to finally determine the question. Recently the Government has issued another order as G.O.(P)No.85/07 dated 30.11.2007 directing re-engagement of several physically handicapped persons in several departments. A copy of the same has been served on the learned counsel for the petitioner. The petitioner is listed as Serial No.40 in the list applicable to Kozhikode District. In such circumstances, the case of the petitioner has been reconsidered in the said Government Order. W.P.(C).NO.10210/07 :: 3 :: In the result, the writ petition is disposed of in the following terms: (1) The petitioner will file a representation before the 3rd respondent, enclosing therewith a copy of G.O(P)NO.85/07 dated 30.11.2007 within three weeks from today. (2) Thereupon the 3rd respondent shall take an appropriate decision in the matter of re- engagement of the petitioner in the light of the said Government Order and pass appropriate orders on the petitioner's representation within two months. (3) If the Board takes a decision to review its earlier order in the light of the Government Order, which the petitioner has sought for, the board shall re-engage the petitioner within the above period. But it is made clear that if the 1st respondent takes any decision to the detriment to the petitioner, the petitioner shall necessarily be heard before any variation is made in the Government order dated 30.11.2007. (4) The entire process outlined above shall be completed within four months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//