IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 23524 of 2010(M) --------------------------------------- PETITIONER(S): ---------------------- RINI C.V., W/O.GOPINATHAN M.B., CHALLEPARAMBIL HOUSE, MANALOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.S.SREEDUTT RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, SOCIAL WELFARE(A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY TO THE GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. KERALA STATE HANDICAPPED PERSONS' WELFARE CORPORATION, POOJAPPURA, THIRUVANANTHAPURAM-12, REP. BY ITS MANAGING DIRECTOR. 5. THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES, ROOM NO.113, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 6. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. W.P.(C) NO.23524/2010 7. DISTRICT COLLECTOR, THRISSUR. 8. DISTRICT EMPLOYMENT OFFICER, THRISSUR. 9. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23524/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER NO.A5-19991/98 DTD. 31.12.1998 ISSUED BY THE 9TH RESPONDENT TO THE PETITIONER. P2:- COPY OF THE DISCHARGE CERTIFICATE DT. 31.3.1999 ISSUED BY THE PRINCIPAL OF THE GOVERNMENT HIGHER SECONDARY SCHOOL, CHERUTHURUTHY TO THE PETITIONER. P3:- COPY OF THE CERTIFICATE DTD. 19.6.02 ISSUED BY THE MEDICAL BOARD FOR PHYSICALLY HANDICAPPED, CONSTITUTED AT THE DISTRICT HOSPITAL, THRISSUR. P4:- COPY OF THE G.O.(P) NO.33/2005/SWD DTD. 5.3.1005 PASSED BY THE IST RESPONDENT. P5:- COPY OF THE G.O.(P) NO.43/2007/SWD DTD. 9.8.07. P6:- COPY OF THE G.O.(P) NO.85/2007/SWD DTD. 30.11.2007 ALONG WITH THE LIST OF THRISSUR DISTRICT. P7:- COPY OF THE MEMO NO.A4-2984/04 DTD. 29.4.2008. P8:- COPY OF THE CIRCULAR NO.175/A2/08/SWD DTD. 21.5.2008 ISSUED BY THE IST RESPONDENT P9:- COPY OF THE REPRESENTATION DTD. 22.10.2008 SUBMITTED BY THE PETITIONER BEFORE THE GRIEVANCE REDRESSAL CELL. P10:- COPY OF THE G.O.(P) NO.28/2009/S.W.D. DT. 14.7.2009 PASSED BY THE IST RESPONDENT. P11:- COPY OF THE REPRESENTATION DT.5.8.2009 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS. P12:- COPY OF THE REPRESENTATION DTD. 5.8.2009 SUBMITTED BY THE PETITIONER BEFORE THE 9TH RESPONDENT P13:- COPY OF THE LETTER NO.A5/24019/2009 DTD. 10.12.2009 FORWARDED BY THE 9TH RESPONDENT TO THE CHIEF MINISTER'S GRIEVANCE REDRESSAL CELL. P14:- COPY OF THE LETTER NO.583/09/S5/SCPWD DTD. 19.1.2010 FORWARDED TO THE PETITIONER BY THE 5TH RESPONDENT. P15:- COPY OF THE REPRESENTATION DT.D 4.2.2010 FORWARDED BY THE PETITIONER TO THE 6TH RESPONDENT. tss W.P.(C0 NO.23524/2010 P16:- COPY OF THE REPLY NO.B/3551/10 DT.D 6.8.2010 RECEIVED FROM VADAKKANCHERRY ASSISTANT EDUCATIONAL OFFICE. P17:- COPY OF THE REPLY NO.A-2260/10/T.T. DTD. 31.7.2010 FORWARDED BY THE ASSISTANT EDUCATIONAL OFFICE, THRISSUR WEST. P18:- COPY OF THE REPLY NO.A-2037/2010/T.T. DT.D 4.8.2010 FORWARDED BY THE SUB DISTRICT EDUCATIONAL OFFICE, MULLASSERY. P19:- COPY OF THE REPLY NO.G3-A16091/10 DTD, 20.9.10. FORWARDED BY THE PUBLIC INFORMATION OFFICER AT THE OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. P20:- COPY OF THE REPLY NO.A50-12955/2010 DTD. 23.7.2010 ISSUED FROM THE 9TH RESPONDENT'S OFFICE TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23524/2010-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of March, 2011 J U D G M E N T The petitioner is a physically handicapped person. He was initially appointed as per Ext.P1 order dated 31/12/1998 as Junior Hindi Teacher by the Deputy Director of Education, Thrissur. Accordingly, the petitioner joined provisional service of the Government H.S.S., Cheruthuruthy on 04/01/1999. She was discharged on 31/03/1999 as evident from Ext.P2 certificate. 2. The petitioner's disability amounts to 50% due to post polio residual paralysis and Ext.P3 is the true copy of the Medical Certificate issued by the Medical Board for the Physically Handicapped constituted by the District Hospital, Thrissur. By Ext.P4 Government Order, various benefits were granted by way of regularisation of service of physically handicapped provisional employees who were in service during the period from 15/08/1998 to 15/08/1999 and who have completed 179 days of service. The method under which W.P.(C). No.23524/2010 -:2:- the regularisation has to be granted is also specified therein. 3. It is pointed out by the learned counsel for the petitioner that various writ petitions were filed before this Court and directions were issued by this Court on the basis of which the Government modified Ext.P4 order. It is pointed out that the petitioner could not get reappointment so far. 4. By Ext.P7, a memo was issued to the petitioner by the District Collector directing the petitioner to appear for an interview to the post of Junior Hindi Teacher in the Education Department. Even though the petitioner appeared for interview, another person, namely, Smt.Rasheeda P.B was appointed to the said post. It is pointed out that the petitioner was in provisional service during the period from 04/01/1999 to 31/03/1999 whereas Smt.Rasheed P.B was working provisionally from 19/07/1999 to 31/03/2000. Even though the petitioner had been pressing for a proper appointment, nothing materialised. Ext.P9 is the representation submitted by the petitioner before the W.P.(C). No.23524/2010 -:3:- Grievance Redressal Cell. Ext.P11 is the representation submitted before the Director of Public Instruction which was forwarded to the ninth respondent-Deputy Director of Education, Thrissur. The petitioner seeks for a direction to the ninth respondent to obey Ext.P6 Government Order dated 03/12/2007 and Ext.P8 Circular dated 21/05/2008 and to reappoint and regularise the service of the petitioner in the post of Junior Hindi Teacher in the Education Department. Along with I.A.No.3761/2011, the petitioner has produced Exts.16 to P20. 5. The learned Government Pleader on getting instructions submitted that the staff fixation for the year 2011 is yet to be finalised and it is expected that two retirement vacancies will arise on 31/03/2011 in Thrissur District and therein the petitioner's claim will be considered. 6. In that view of the matter, there will be a direction to the ninth respondent to finalise the staff fixation within a period of one month and thereafter, the ninth respondent will consider whether the W.P.(C). No.23524/2010 -:4:- petitioner could be appointed in the arising vacancy. Appropriate orders will be passed within one month from the date of finalisation of the staff fixation by the ninth respondent with notice to the petitioner. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms