IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8113 of 2008(N) ------------------------- PETITIONERS: ------------ 1. SHYAMALA C.R., TYPIST CLERK KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD REGIONAL OFFICE, KANNUR, THILLERI ROAD, KANNUR 2. ALLY P.R., TYPIST CLERK KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD ADMINISTRATION WING KANNUR, THILLERI ROAD, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD.(GOVERNMENT OF KERALA UNDERTAKING) REPRESENTED BY THE MANAGING DIRECTOR KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD. P.M.32/249, THILLERI ROAD, KANNUR 670 001. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN SC SRI.E.K. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 8113 of 2008 -------------------------- Dated this the 11th March, 2008 J U D G M E N T Petitioners are working as Typists Clerks in the 2nd respondent -Kerala State Handloom Development Corporation. The 1st petitioner commenced service on 3.9.1999 pursuant to Exhibit P1 order. The 2nd petitioner commenced service on 4.9.1999 as evidenced by Exhibit P4 order. Both of them are physically handicapped persons. Petitioners have been regularised under Exhibit P5 order dated 7.1.2008. They are aggrieved by Exhibit P5 since the regularisation is directed to be given effect only prospectively and their past service will not count for any other service benefits. 2. The petitioners have sought for a variation of Exhibit P5 by Exhibits P6 and P7 representations before the Government. 3. I heard learned counsel for the petitioners, the learned Senior Government Pleader and the learned Standing Counsel for the 2nd respondent. W.P ( C) No. 8113 of 2008 2 4. In my view, the requests made by the petitioners are to be considered in the first instance by the Government and the Government shall look into the question as to whether the services rendered by the petitioners pursuant to Exhibits P1 and P4 were in sanctioned posts and if so, whether there was any break in service. Government shall also consider the nature of the duties discharged by them. In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Exhibits P6 and P7, after hearing the petitioners and a representative of the 2nd respondent, within a period of three months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 8113 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 8113 of 2008 2 25th May, 2007