IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH DAY OF DECEMBER 2011/25TH AGRAHAYANA 1933 WPC.No. 30346 of 2011 (P) ------------------------- PETITIONER: ---------- RAJAYYAN D, THADATHARIKATHU VEEDU, VANCHUVAMPEZHUMOODU, ELAVATTOM P.O.,ANAD, THIRUVANANTHAPURAM BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS: ------------ 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001 2. ENQUIRY COMMISSIONER AND SPECIAL JUDGE OFFICE (CO-ORDINATOR)THIRUVANANTHAPURAM REP.BY THE REGISTRAR-695035 3. THE VIGILANCE TRIBUNAL, VANCHIYOOR, THIRUVANANTHAPURAM-695035 4. THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU THIRUVANANTHAPURAM-695050 R1 TO R4 BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WPC.No. 30346/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- PHOTOSTAT COPY OF THE DISABILITY CERTIFICATE EXT.P2:- PHOTOSTAT COPY OF THE LETTER DTD 10/1/2008 OF THE 4TH RESPONDENT EXT.P3:- PHOTOSTAT COPY OF THE REPRESENTATION DTD 7/12/2009 EXT.P4:- PHOTOSTAT COPY OF THE LETTER DTD 1/3/2010 ISSUED BY THE O/O THE IST RESPONDENT TO THE 3RD RESPONDENT EXT.P5:- PHOTOSTAT COPY OF THE REPRESENTATION DTD 2/2/2011 EXT.P6:- PHOTOSTAT COPY OF THE REPRESENTATION DTD 28/9/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE STK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30346 OF 2011 ----------------------------------------------------------- Dated this the 16th December, 2011. JUDGMENT The petitioner is a physically handicapped person suffering from Post Polio Residual Paralysis. According to him he suffers from 50% permanent disability. He has been working under the third respondent from 13-2-1995 as a Peon on daily wages, according to him, with an artificial break of one day after each period of six months. He had been selected for such appointment through the employment exchange. He claims that he has been working continuously for a period of more than sixteen years, having put in more than 240 days of service every year. Though Exts.P3, P5 and P6 representations have been submitted by him seeking regularisation of his service, he complains that no orders have been passed thereon till date. 2. The contentions of the petitioner are refuted by the Govt. Pleader who appears for the respondents. The Govt. Pleader has also handed over to me the written instructions received from the Vigilance Tribunal, Thiruvananthapuram, the third respondent. According to the third respondent the petitioner had worked for the WPC 30346/2011 2 period from 13-2-1995 to 10-5-1995 as a Peon in his office having been appointed temporarily to the said post on recruitment from the employment exchange. Thereafter, on various occasions he had been employed on daily wages to tide over emergency situations. It is further stated that there are no vacancies in existence in the said office at present for appointing the petitioner. 3. Since the claim of the petitioner that he had worked continuously for more than sixteen years is disputed by the third respondent. I am not in a position to determine whether the petitioner has actually worked, as claimed by him. The petitioner has no right to claim regularisation in view of the decision of the Apex Court in Secretary, State of Karnataka v. Uma Devi (3) {(2006) 4 SCC 1}. There is also no evidence to show that any vacancies are available in the office of the third respondent. In view of the above I am not satisfied that the petitioner is entitled to any of the reliefs claimed in the writ petition. 4. This writ petition is in the above circumstances dismissed. However, the petitioner can move the appropriate authorities as and when vacancies are available in the office of the third respondent. It is made clear that the representation of the WPC 30346/2011 3 petitioner, evidenced herein by Ext.P6, shall be considered untrammeled by any of the observations made hereinabove. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge