IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 OP.No. 34857 of 2002(Y) ----------------------- PETITIONER: --------------- LILLY T.V., D/O. VARKEY, THOPPIL HOUSE, MANANTHAVADY TALUK, MEMAM AMSOM, ARATTYTHARA DESOM, PEON, OFFICE OF THE DEPUTY COMMISSIONER DEPT.OF COMMERCIAL TAXES, WYNAD, KALPATTA (UNDER TERMINATION) BY ADV. SRI.T.G.RAJENDRAN SMT.T.J.SEEMA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP; BY THE CHIEFSECRETATY, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, WYNAD, KALPETTA. 3. THE DISTRICT COLLECTOR, WYNAD, KALPETTA. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.58957/02 IN OP.34857/02 //DISMISSED// 20.7.11 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT IN OP.16348/99 OF THIS COURT. EXT.P2 : COPY OF THE JUDGMENT IN W.A.NO.1803/02 OF THIS COURT. EXT.P3 : COPY OF THE ORDER OF THE 2ND RESPONDENT DT.12.8.02. EXT.P4 : COPY OF THE DISCHARGE CERTIFICATE DT.12.8.2002. EXT.P5 : COPY OF THE ORDER OF THE 3RD RESPONDENT DT.8.11.02. EXT.P6 : COPY OF THE IDENTITY CARD ISSUED BY THE EMPLOYMENT EXCHANGE, MANANTHAVADY. EXT.P7 : COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER DT.24.11.96. EXT.P8 : COPY OF THE DISCHARGE CERTIFICATE DT.28.8.89. RESPONDENT'S EXHIBITS: Nil //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- Original Petition No.34857 Of 2002-Y -------------------------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 J U D G M E N T The petitioner herein approached this Court by filing this Original Petition challenging Exhibit P5 communication. She was temporarily appointed in a vacancy under Rule 9(a)(i) of General Rules of Kerala State and Subordinate Service Rules. 2. It is pointed out that the petitioner is a physically handicapped candidate and is entitled to be given appointment by the Employment Exchange in the light of Exhibit P2 judgment of this Court. The concerned Employment Officer is not a party to this Original Petition. 3. In the counter affidavit filed by the 3rd respondent in the last paragraph it is pointed out that as per the guidelines issued vide G.O.(P)No.20/98/P and ARD dated 14.8.1998, the appointment for the vacancies reserved for physically handicapped person in Government service are made from the panel of candidates furnished by the Employment Officer. After re-examination, written test and interview, the eligible persons O.P.No.34857/02 -2- are appointed in the vacancies reserved for appointment. 4. If the petitioner is claiming the benefit as a physically handicapped candidate, she will have to provide the details before the concerned Employment Officer. Leaving open the said remedy, this Writ Petition is disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn