IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WA.No. 2027 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.16257/2008 Dated 02/06/2009 .................... APPELLANT(S)/PETITIONER: -------------- SMT. L. ZEENA, PONGARATHALA HOUSE, EAST THOPPIL ROAD , P.O. ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.EASWARAN RESPONDENT(S)/RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2027 OF 2009 --------------------------------------------- Dated this the 22nd day of September, 2009 JUDGMENT Kurian Joseph, J. The petitioner is the appellant. She is a physically handicapped person. She approached this Court aggrieved by Ext.P5 order passed by the Government. As per Ext.P5, her name from the list of eligible candidates for reappointment and regularisation was removed. The reason is that the petitioner admittedly was not appointed under Rule 9(a)(i) of the Kerala State and Subordinate Services Rules. Ext.P3 order was intended only to such categories of provisional employees engaged through the employment exchange between 15.8.1998 and 15.8.1999. The admitted factual position is that the appellant/petitioner was engaged only on contract basis. 2. It is seen that such appointments have been left to the Public Service Commission. Therefore, the appellant cannot have any grievance regarding discrimination or arbitrariness, particularly in view of the position as settled by this Court in Sasikumar v. Secretary to W.A. NO. 2027/2009 2 Government, reported in 2000(3) K.L.T. 120. Hence, the Writ Appeal is dismissed. 3. There will be a direction to the first respondent to see that the available vacancies as per the statutory mandate under Section 33 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 are assessed and reported to the Public Service Commission, if not already reported, as directed by this Court earlier in Writ Petitions/Writ Appeals. The Public Service Commission shall take special efforts to see that the vacancies available to persons with disabilities are filled up expeditiously, if required, by way of special recruitment and on a priority basis. A copy of this judgment may be forwarded to the Kerala Public Service Commission. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2027/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2027/2009 JUDGMENT 22nd September, 2009 W.A. NO. 2027/2009 4