IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 W.P(C).No. 22087 of 2008(D) -------------------------- PETITIONERS: ------------ 1. M.RAMADASAN, METHALAYIL HOUSE ERANHIKKAL PO., VIA,ELATHUR (EX-NMR OPERATOR,RURAL WATER SUPPLY SCHEME SECTION, KWA, P.H.DIVISION UNDER MELAPARAMBU, KOZHIKODE. 2. P.VASUDEVAN, PINNAKUMPARAMBATH HOUSE KUNDUPARAMBU, EDAKKAD PO., KOZHIKODE, (EX-NMR OPERATOR, SECTION II/II, P.H.DIVISION, KWA, KOZHIKODE) 3. M.P.GOPALAN, MELAPUTHALATH HOUSE, PANNIKOTTOOR PO., KODUVALLY VIA., KOZHIKODE, (EX-NMR OPERATOR, RURAL WATER SUPPLY SCHEME SECTION, KWA, KODUVALLY UNDER P.H.DIVISION,KOZHIKODE.) 4. MADHUSOODANA KURUP,KUYYALIL HOUSE, MEDICAL COLLEGE PO., KOZHIKODE. (EX-NMR OPERATOR, MEDICAL COLLEGE PO., KOZHIKODE. (EX-NMR OPERATOR, MEDICAL COLLEGE AUGMENT SECTION, KWA, UNDER P.H.DIVISION, KOZHIKODE.) 5. P.GOVINDANKUTTY NAIR POOLAKKAPAYIL HOUSE, PERUVAYAL PO, KOZHIKODE (EX-NMR ELECTRICIAN HEAD WORKS SECTION, MAVOOR, KWA, UNDER P.H.DIVISION, KOZHIKODE. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR SRI.K.K.VIVEKANANDAN W.P(C).No. 22087/2008 RESPONDENTS: ------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES (WSD) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN THIRUVANANTHAPURAM. BY SRI. J. KRISHNAKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ----------------------------------------- W.P.(C)No.22087 OF 2008 ----------------------------------------------------- DATED THIS THE 22ND DAY OF MAY, 2008 J U D G M E N T The petitioner has approached this Court seeking a direction to the 2nd respondent to appoint her in the post of Clerk under the scheme applicable to physically handicapped persons in any of the departments or to give promotion to the petitioner as clerk. 2. Detailed counter affidavit has been filed by the 2nd respondent. Paragraph 9 of the counter affidavit reads as follows: “ 9. When the petitioner was placed under regular Class IV job, her registration record was also removed from the live Register as employed person until she produced the 'No Objection Certificate'. She was not submitted to the vacancy vide IOA 272/92 for want of seniority. Call letter was issued to her to report on 09.01.2007 for considering to the regular vacancy of Junior Assistant under Civil Supplies Corporation. But she W.P.(C)No.22087/08 -2- failed to report for the same. However, she will be considered to appropriate vacancies as and when they arise on the basis of existing recruitment rules. Promotion to the post of Clerk has to be given by Public Service Commission on the basis of the required test qualification. Public Service Commission is conducting test to the quota allotted for Class IV employees for promotion to Class III vacancies. The petitioner is eligible to apply for the same. It was on the basis of the application filed by the petitioner that she was sponsored to the Class IV posts and hence demand for submission to regular Class III vacancies will be considered in accordance with the existing rules. The petitioner's demand for promotion to the post of Clerk is not sustainable under law, since the test for the same is conducted by Kerala Public Service Commission by collecting application from the qualified applicants.” The specific stand taken by the Government is that the petitioner will be considered for appropriate vacancies as and when they arise on the basis of existing recruitment rules. It has thereafter been made clear that selection to the vacancies which are set apart for physically handicapped persons is now entrusted to the Public Service W.P.(C)No.22087/08 -3- Commission. This aspect was taken note of by this Court when it passed an order on 3.4.2008 referring to G.O.(P).No.50/2007/SWD dated 15.9.2007. 3. In these circumstances, all that is required is to make it clear that the petitioner will be considered against future vacancies as and when recruitment for physically handicapped persons is undertaken subject to eligibility and subject to the criteria which are adopted and laid down at that point of time. The writ petition is disposed of as above. V.GIRI, JUDGE. dsn