IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 17944 of 2004(J) ------------------------------------ PETITIONER(S): ----------------------- N.RADHAKRISHNAN, LAST GRADE EMPLOYEE, KSHB, THIRUVANANTHAPURAM, S/O. K.V.KAMMARA PODUVAL, PARIYACHERY HOUSE, THANKAYAM POST, TRIKARIPUR, KASARAGOD DISTRICT. BY ADVS.MR.M.SASINDRAN MR.TOJAN J. VATHIKULAM RESPONDENT(S): ------------------------ 1. THE KERALA STATE HOUSING BOARD THIRUVANANTHAPURAM REPRESENTED BY SECRETARY. 2. THE SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. BY ADVS.MR.P.C.IYPE, SC, KSHB FOR R1,R2 MR.A.JAYASANKAR, SC KSHB, TVM FOR R1 & 2 BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.17944 of 2004 -------------------------------------- Dated 3rd June, 2009 JUDGMENT Heard Sri.M.Sasindran, the learned counsel appearing for the petitioner and Sri.A.Jayashanker, the learned Standing Counsel appearing for the Kerala State Housing Board. 2. The petitioner is a person with disability. He was initially appointed as Peon in the Kerala State Housing Board on a provisional basis for a period of 179 days. The term for which the petitioner was appointed expired on 10.2.1997 and thereupon his service was terminated. Later, the Government issued G.O.(P)No.22/98/P&ARD dated 28.9.1998 and G.O.(P)No.10/99/P&ARD dated 17.5.1999 whereby the Government permitted reappointment of persons with disability who had been appointed under Rule 9(a)(i) of Part II of the Kerala State & Subordinate Services Rules through employment exchanges during the period from 1.1.1997 to 14.8.1998. These orders were made applicable to public sector undertakings including the Kerala State Housing Board. Paragraph 3(i) of G.O.(P) No.18/99/P&ARD dated 13.10.1999 reads as follows: “The services of physically handicapped provisional employees covered by the Government orders dated 28.9.1998 and 17.5.1999 will be regularised with effect from WP(C).No.17944/2004 2 the date of this order or from the date on which the physically handicapped rejoin duty consequent on re-appointment whichever is later.” Claiming reappointment on the basis of the aforesaid Government orders, the petitioner filed O.P.No.3526 of 2003. By Ext.P1 judgment delivered on 6.3.2003 a learned single Judge of this Court directed the Kerala State Housing Board to reappoint the petitioner in the light of the Government orders referred to above. Consequently the petitioner was reappointed by Ext.P2 order dated 19.4.2003 as Peon. In this writ petition, the petitioner claims that he should have been reappointed from the date on which he was initially appointed on a temporary basis, namely with effect from 16.8.1996. He also claims consequential service benefits. 3. The petitioner became eligible for reappointment only by reason of Government order dated 13.10.1999. Paragraph 3(i) thereof which I have extracted above stipulates that the services of physically handicapped provisional employees will be regularised with effect from the date of the Government order namely 13.10.1999 or from the date on which they rejoin duty consequent on reappointment, whichever is later. The petitioner was reappointed only by Ext.P2 order dated 19.4.2003. He was not in service when the Government order dated 13.10.1999 was passed. Therefore, his reappointment WP(C).No.17944/2004 3 can on the terms of the Government order dated 13.10.1999 take effect only from the date on which he rejoined duty consequent on reappointment. The claim made by the petitioner for regularisation with effect from the date of his initial appointment on temporary basis, is plainly untenable and is not sustainable in the light of the Government orders governing the field. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS