IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 21929 of 2008(I) ---------------------------------------- PETITIONER(S): ------------------------- P.MANOHARAN, AGED 44 YEARS, S/O.LATE K.MUTHU NAIR, NEDUKUZHI HOUSE, PO.UTTAMTHATTA, VIA., MULIYAR, KASWARAGOD DIST. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WELFARE(A) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYAT, KASARAGOD., 3. THE KASARAGOD DISTRICT EMPLOYMENT EXCHANGE OFFICER, KASARAGOD. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21929/2008 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE R2 DTD. 6/03/1999. EXT.P2: COPY OF THE DISCHARGE CERTIFICATE ISSUED BY SECRETARY CHEMMANAD GRAMA PANCHAYATH DTD. 9/09/1999. EXT.P3: COPY OF DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD DTD. 27/06/2001. EXT.P4: COPY OF THE DISCHARGE SUMMARY ISSUED BY DR.T.M.A.PAI, ROTARY HOSPITAL, BEJAI, MANGALORE DTD. 10/10/1997. EXT.P5: COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DTD. 9/08/2007. EXT.P6: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DTD. 23/08/2007. EXT.P7: COPY OF THE DOCUMENTS SUPPLIED BY THE INFORMATION OFFICER, KASARAGOD DTD. 2/11/2007. EXT.P8: COPY OF THE ORDER DTD. 30/11/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P8(A): COPY OF NAMES OF THE CANDIDATES SELECTED FOR REEMPLOYMENT IN KASARAGOD DISTRICT. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE MINISTER FOR LOCAL SELF GOVERNMENT DTD. 29/12/2007. EXT.P10: COPY OF THE LETTER SENT BY THE MINISTER FOR HEALTH AND SOCIAL WELFARE TO K.V.KUNHIRAMAN, MLA, UDUMA, DTD. 24/01/2008. EXT.P11: COPY OF THE JUDGMENT IN WP(C) NO.37281/07 DTD.6/5/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. ===================== W.P(C).No.21929 of 2008 ===================== Dated this the 4th day of December, 2008. JUDGMENT Heard Sri.Kodoth Pushparajan, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is a person with physical disability. He had earlier worked as Lower Division Clerk in Chemmanad Grama Panchayat on a provisional basis for the period from 18.3.1999 to 9.9.1999. The petitioner's grievance is that though he is entitled to the benefit of Ext.P5 Government order dated 9.8.2007 by which the Government decided to re-appoint provisional employees appointed during the period from 15.8.1998 to 15.8.1999 and though his name was included in Ext.P7 list forwarded by the District Employment Officer, Kasaragod to the State Government, when Ext.P8 order was issued on 30.11.2007, his name was not included therein. He submits that aggrieved by the non- inclusion of his name in Ext.P8, he had submitted Ext.P9 representation before the Hon'ble Minister for Local Self Government and that the said representation was forwarded to the Secretary to Government, Social Welfare Department, who had issued Ext.P8 Government order. WP(C) 21929/08 -: 2 :- 3. Though in this Writ Petition, the petitioner has prayed for a direction to the respondents to re-appoint him in service, when the Writ Petition came up for hearing today, Sri.Kodoth Pushparajan, the learned counsel appearing for the petitioner submitted that without expressing any opinion on the merits, this Writ Petition may be disposed of with a direction to the Secretary to Government, Social Welfare Department to consider the request made by the petitioner in Ext.P9 and to take a decision thereon within a time limit to be fixed by this Court. 4. Ext.P7 discloses that the name of the petitioner was included in the provisional list of employees forwarded by the District Employment Officer, Kasaragod to the Secretary to Government, Local Self Government Department. However his name was not included in the list appended to Ext.P8 Government order whereby the Government ordered re-appointment of provisional employees, who had worked during the period from 15.8.1998 to 15.8.1999. The question whether having regard to his physical disability and the provisional service rendered by him during the period from 18.3.1999 to 9.9.1999, the petitioner is also entitled to the benefits flowing from Ext.P5 Government order is primarily a matter for the Government to decide. 5. Such being the situation, I dispose of the Writ Petition with a direction to the Secretary to Government, Social Welfare Department to consider Ext.P9 representation in the light of the stipulation in Ext.P5 Government order and take a decision thereon within three months from WP(C) 21929/08 -: 3 :- the date of receipt of a certified copy of this judgment. The Secretary to Government, Social Welfare Department shall also afford the petitioner a reasonable opportunity of being heard before orders are passed in the matter. P.N.Ravindran, Judge. ess 6/12