IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1687 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.29076/2011 Dated 02/11/2011 .................... APPELLANT/ PETITIONER ------------------------ KRISHNANKUTTY.M., S/O. MADHAVAN PILLAI, HELPER, FL-1, SHOP NO.2010 KERALA STATE BEVERAGES (MARKETING AND MANUFACTURING) CORPORATION LIMITED ANCHALUMMOODU, KOLLAM, RESIDING AT PILLAVEETTIL VADAKKETHIL (SARANALAYAM) VADAKKEKKARA, ASHTAMUDI.P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): RESPONDENTS -------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES(MARKETING AND MANUFACTURING) CORPORATION LIMITED, SASTHAMANGALAM.P.O., THIRUVANANTHAPURAM-695010 2. THE GENERAL MANAGER(ADMN.) KERALA STATE BEVERAGES(MARKETING AND MANUFACTURING) CORPORATION LIMITED, SASTHAMANGALAM.P.O.,THIRUVANANTHAPURAM-695010. 3. THE REGIONAL MANAGER(SOUTH ZONE) KERALA STATE BEVERAGES (MARKETING AND MANUFACTURING) CORPORATION LIMITED, SASTHAMANGALAM.P.O.,THIRUVANANTHAPURAM-695010. 4. THE MANAGER, KERALA STATE BEVERAGES (MARKETING AND MANUFACTURING) CORPORATION LIMITED WARE HOUSE, KARICODE.P.O., KOLLAM-695010 BY ADV.SRI.C.S.AJITH PRAKASH, SC, BEVERAGES CORP. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE-1: COPY OF THE JUDGMENT IN W.P.(C) NO.16039/2009 DT.10.6.2009 OF THIS HNO'BLE COURT. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR, Ag.C.J. & P.S.GOPINATHAN, J. ------------------------------------------ W.A.No.1687 OF 2011 ------------------------------------------- Dated this the 4th day of November, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, Ag.C.J. Appellant is appointed on a provisional basis by the Beverages Corporation. The Writ Appeal is filed for direction to the Beverages Corporation to retain the appellant as he belongs to the category of persons with disability entitled to certain reservation. The learned standing counsel for the Beverages Corporation submitted that replacement will be made only with regular hands recruited based on norms framed. We do not think this Court can order retention of appellant though he may be entitled to apply in the quota reserved for disabled persons. However, we feel, if recruitment is not made for replacements, the respondent can permit the appellant to continue with one day's break after on completion of six months until selected candidates are appointed. Writ Appeal is dismissed with the above observation. (C.N.RAMACHANDRAN NAIR, Acting Chief Justice) (P.S.GOPINATHAN, JUDGE) ps/5/11