IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1043 of 2008(Y) --------------------------------------- PETITIONER: --------------------- MINI.S., PALAZHI, CHONAM CHIRA, PERINAD POST, KOLLAM DISTRICT, PROVISIONAL CLERK CUM TYPIST, DEPARTMENT OF SPECIAL PHYSICALLY HANDICAPPED EMPLOYMENT EXCHANGE, KOLLAM. BY ADV. SRI.T.N.MANOJ RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE LABOUR DEPARTMENT, TRIVANDRUM. 2. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, TRIVANDRUM. 3. THE EMPLOYMENT DIRECTOR, EMPLOYMENT DIRECTORATE, TRIVANDRUM. 4. THE SUB REGIONAL EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE FOR THE PHYSICALLY HANDICAPPED, KOLLAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 1043 of 2008 -------------------------- Dated this the 9th January, 2008 J U D G M E N T The petitioner is a physically handicapped person having 45% loco motor disability, according to her. She claims that she was originally appointed on a provisional basis, as Lower Division Clerk in the office of the Magistrate Court, Punalur for a period of 179 days, during 1998-1999. She submits that she is not in possession of the order of appointment. On completion of the period, her services were terminated and she was later appointed as L.D.Typist in the Munsiff's Court, Kottarakara for a period of 179 days, as evidenced by Exhibit P2. According to the petitioner, as per Exhibit P3, Government Order dated 5.3.2005, physically handicapped persons who were engaged in provisional service through Employment Exchange during the period from 15.8.1998 to 15.8.1999 for 179 days are to be reappointed in service. Petitioner claims the benefit of Exhibit P3. She has now been engaged on a temporary basis at P.H. Employment Exchange, Kollam as Clerk cum Typist and the W.P ( C) No. 1043 of 2008 2 period of employment is to expire by 6th February, 2008. Petitioner has submitted Exhibit P5 representation before the Government seeking the benefit of Exhibit P3 Government Order. After having heard the learned counsel for the petitioner and the learned Government Pleader also, this writ petition is disposed of directing the 1st respondent to consider Exhibit P5 in the light of Exhibit P3 and take a decision thereon, at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In the facts and circumstances of the case, the 1st respondent shall also consider whether she can be retained in service in the present place of posting as noted in Exhibit P4, pending consideration of Exhibit P5. The 1st respondent shall consider this aspect and take appropriate decision thereon, before 6th February, 2008. (V.GIRI, JUDGE) ma W.P ( C) No. 1043 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 1043 of 2008 2 25th May, 2007