IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12177 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. R.PRAKASAN, RAROTH HOUSE, MUCHUKUNNU P.O., KOILANDY (VIA), PIN 673 307. 2. JOHN P.T., PERUMATTIKUNNEL HOUSE, KODANCHERRY P.O., KOZHIKODE 673 580. 3. SAJESH K., KODAKKAT HOUSE, CHOMBALA P.O., VADAKARA 673 308. 4. K.K.REGIMON, KALLUMMOOLA HOUSE, THAMBALAMANNA P.O., THIRUVAMBADY, KOZHIKODE 673 603. 5. MURALEEDHARAN T.R., THAZHERAYAROTH, PONMERI PARAMBIL P.O., VILLIAPPALLI, VADAKARA, KOZHIKODE 673 542. 6. N.T.K. ABOOBACKER, N.T.K.HOUSE, KANNOOKKARA P.O., VADAKARA, KOZHIKODE. 7. RATHEESH KUMAR A., AMBIDATTIL HOUSE, MADAPPALLY COLLEGE P.O., VADAKARA 673 102. BY ADV. SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS chief SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SOCIAL WELFARE DEPARTMENT, STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. WP(C).No. 12177 of 2009(N) 3. THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES, STATE OF KERALA, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 4. THE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN SRI.ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12177 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009. JUDGMENT The petitioners are physically handicapped persons who are appointed in Government departments during various periods starting from the year 1996. It is stated that they were appointed through Employment Exchanges and they were terminated at the end of the prescribed period, except the 6th petitioners who is working provisionally as L.D. Typist/Clerk, Farm Information Bureau, Calicut from 24.12.2008 which is to expire on 20.6.2009. He had earlier worked during the year 1995 to 1996. 2. The main complaint raised by the petitioners is that even though similarly placed physically handicapped persons who had gained employment on a provisional basis, have been ordered to be regularised in service as per Ext.P1 and other orders, no such benefit has been conferred on persons like the petitioners who are similarly situated. Ext.P1 is an order by which the Government directed regularisation in service of physically handicapped provisional employees who were in service during the period 15.8.1998 to 15.8.1999 and who have completed 179 days of service. It is now pointed out that persons who were in service during the period from wpc 12177/2009 2 1.1.1997 to 31.12.1997 have also been directed to be regularised as per G.O.(P) No.32/1998/P & ARD dated 28.9.1998. The petitioners contend that as similarly placed physically handicapped provisional employees are considered for regularisation, there cannot be a differentiation between persons appointed in an year to that of persons appointed in another year. It is contended by the learned counsel for the petitioners that same will violate Articles 14 and 16 of the Constitution of India. 3. The petitioners have approached the Government by filing Ext.P3 representation. It is seen from Ext.P4 that the same has been acknowledged also. In the result, the writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P3 after hearing the petitioners (a representative of the petitioners will be heard), within a period of five months from the date of receipt of a copy of this judgment. The petitioners will produce a copy of the writ petition along with a copy of the judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) kav/ \\True copy// P.A. to Judge