IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 OP.No. 15272 of 2002(R) ---------------------------------- PETITIONER: ------------------- GIREESH KUMAR, GIRI BHAVAN, PANDIKADAVU, MANANTHAVADY, WAYANAD. BY ADV. SRI.SUMAN CHAKRAVARTHY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,AGRICULTURAL (FORMS) DEPT., SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF AGRICULTURE, TRIVANDRUM. 3. THE PRINCIPAL AGRICULTURE OFFICER, KALPETTA, WAYANAD. 4. ASST.SOIL CHEMIST, SOIL TESTING LABORATORY, MANANTHAVADY, WAYANAD. R1 TO R4 BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 15272/2002-R: ORDER ON C.M.P. NO. 25792/2002 IN O.P. NO. 15272/2002-R DISMISSED 05/11/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER DTD. 24/11/99 G.O.(MS).NO.326/99. EXT.P.2: COPY OF THE PROPOSAL FOR REGULARISATION DTD. 30/06/2002. EXT.P.3: COPY OF THE CIRCULAR BY THE DIRECTOR OF AGRICULTURE DTD. 13/11/2000. EXT.P.4: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. 21734/01. EXT.P.5: COPY OF THE COMMUNICATION DTD. 17/05/2002. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- O.P.No.15272 of 2002 ----------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT Petitioner is a deaf and dumb person. The prayer is for a direction to re-engage the petitioner in the Soil Testing Laboratory, Mananthavady. It is submitted that the petitioner is now being engaged. Still further it is submitted that the petitioner is entitled to similar treatment under Ext.P4. Learned Government Pleader submits that Ext.P4 is in the case of workmen once included in the muster roll. But the fact remains that the petitioner is even now working. His name appears in Ext.P2 list. Therefore, it is made clear that the petitioner also shall be entitled to a similar treatment as per Ext.P4. Therefore, the petitioner will be continued to engage on daily wages, if his service is required and if work is available for engaging any daily waged workman. But the judgment shall not stand in the way of dis-engagement of the petitioner on the ground of misconduct. The writ petition is disposed of as above. SD/- (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.15272 of 2002 ----------------------------------- JUDGMENT 5th November, 2008