IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 26434 of 2008(V) -------------------------- PETITIONER: --------------- MANOSH MOHAN, KURANGDIYIL HOUSE CHAKKUPALLAM P.O.,KUMILY 6TH MILE, IDUKKI DISTRICT, NOW WORKING AS LAB ASSISTANT (PRINTING TECHNOLOGY) GOVT.VHSS FOR THE DEAF JAGATHY.TVM. BY ADV. SRI.RAJU K.MATHEWS RESPONDENTS: --------------- 1. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. PRINCIPAL GOVERNMENT VHSS FOR THE DEAF, JAGATHY. THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT. DEPARTMENT OF EDUCATION THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 26434 of 2008-V --------------------------------------------- Dated this the 27th January, 2009. J U D G M E N T The petitioner was engaged as Lab Assistant in Printing in Government VHSS for the Deaf, on daily wage basis, as per Ext.P1 order dated 27.5.2000 of the Assistant Director, VHSC, Kollam. The petitioner joined the School on 5.6.2000. It is stated that he worked there till 31.3.2001. The petitioner states that thereafter he was engaged on daily wages for different spells from 11.6.2001 onwards. The petitioner is still continuing as Lab Assistant on daily wage basis. 2. The grievance of the petitioner is that the daily wage that is being paid to him is not the same when compared to the salary paid to the Lab Assistants, posted on regular basis. It is submitted that there is no comparison at all between the daily wages and the corresponding benefit which a person regularly appointed gets. The petitioner submitted Ext.P8 representation dated 18.8.2000 to the first respondent pointing out his grievance and praying that appropriate steps may be taken to regularise the service of the petitioner and to pay him the arrears of wages. W.P(C) No. 26434 of 2008-V : 2 : The reliefs prayed for by the petitioner are the following: “(i) to issue a writ of mandamus or other appropriate writ direction or order directing the respondents 1 to 3 to frame a scheme for ensuring employment to persons with disabilities under it, in terms of Section 38 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995; ii) to issue to mandamus or other appropriate writ, direction or order, directing the respondents to pay to the petitioner wages at the rates applicable to the regularly recruited employees doing similar work, and to pay to the petitioner arrears of the wages for the period he has already worked, on that basis; iii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents, to regularise the services of the petitioner in the cadre of Lab Assistants in the Department of V.H.S.E with all consequential benefits; iv) to issue such other writ, direction or order as this Honourable Court being just and proper; v) to award costs.” 3. The learned counsel for the petitioner submitted that for the present, the petitioner would be satisfied if the Director, V.H.S.E is directed to dispose of Ext.P8 and consider the grievance voiced by the petitioner in the Writ Petition, after affording an opportunity of being heard to him. The petitioner submits that it may be without prejudice to the right of the petitioner to move for other reliefs at the W.P(C) No. 26434 of 2008-V : 3 : appropriate stage. This submission is just and reasonable. I accept the same. The learned Government Pleader submits that the Director would dispose of Ext.P8 without delay. 4. Accordingly, the Writ Petition is disposed of as follows: i) The first respondent, Director of Vocational Higher Secondary Education, shall dispose of Ext.P8 dated 18.8.2000, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of the judgment. ii) The petitioner shall produce the certified copy of the judgment and copy of the Writ Petition before the first respondent. K.T.SANKARAN JUDGE ab W.P(C) No. 26434 of 2008-V : 4 : W.P(C) No. 26434 of 2008-V : 5 : W.P(C) No. 26434 of 2008-V : 6 : W.P(C) No. 26434 of 2008-V : 7 :