IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 8998 of 2008(U) ------------------------- PETITIONER(S): --------------- BABURAJ K., S/O. BALAKRISHNAN, RESIDING AT KUTTIKADAVATH HOUSE, MAVOOR,KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.A.T.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, MAVOOR. BY SMT. T.B. REMANI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the appointment order Ext.P2: True copy of the Medical Certificate dated 28.10.2004 issued by the medical board of General Hospital Calicut. Ext.P3: True copy of the card issued by the Employment Exchange. Ext.P4: True copy of the G.O.(P) No.10/99/P&ARD dt.17.5.1999 Ext.P5: True copy of the interim order dated 20.11.2007 WPC 34151/2007 /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR,J -------------------------------------------------- W.P.(C) No. 8998 of 2008 --------------------------------------------------- Dated this the 12th day of August, 2009 JUDGMENT The petitioner, a physically handicapped provisional employee is seeking for various benefits provided under “The persons with disabilities”(Equal opportunities, protection of rights and full participation) Act 1995. Petitioner was appointed as a provisional employee through the Special Employment Exchange as per Ext.P1. He claims that he has 42% disability which is evidenced by Ext.P2. Ext. P4 is the Government Order by which benefit of re-appointment has been granted to physically handicapped provisional employees who were in service for the period from 01.01.1998 to 14.08.1998. 2. The petitioner is out of service now. He was expecting termination by 19.3.2008. The petitioner is relying upon Ext.P5 judgment wherein this court directed the respondent therein to permit the petitioner therein to continue in service till regular hands join duty. W.P.(C) No. 8998 of 2008 :2: 3. In this case, there is no interim order, allowing the petitioner to continue in service. What remains is the consideration of claim of the petitioner for engagement in any fresh vacancy. That will be considered in terms of the seniority or other criteria followed by the concerned Employment Exchange. 4. It is clear from the pleadings that as on today, there is no Government Order allowing regularization of appointees like the petitioner as he was appointed in 2007. In future if any scheme is brought by Government to cover such provisional employees, petitioners will be free to stake his claim. With the above observation, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR, JUDGE jma