IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27891 of 2009(F) -------------------------- PETITIONER(S): --------------- ELIZABETH ABRAHAM P., LECTURER ON CONTRACT DEPARTMENT OF PHARMACY, MAHATMA GANDHI UNIVERSITY, RIMSR, PUTHUPPALLY, KOTTAYAM. BY ADV. SRI.V.VARGHESE RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O., KOTTAYAM - 686 560. 2. THE DIRECTOR, SCHOOL OF MEDICAL EDUCATION, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM - 686 560. SHRI T.A.SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27891/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of October, 2009 J U D G M E N T The petitioner is working on contract basis, on a consolidated pay, as Lecturer in Pharmacy in the Department of Pharmaceutical Sciences, Regional Institute of Medical Sciences and Research, Mahatma Gandhi University since 1996. The true copy of the appointment order is produced as Ext.P1 herein. She is a physically challenged person with 50% disability having post polio paralysis of the lower limb. She is having the qualification of Bachelor of Pharmacy degree. During the period from 02/01/1999 to 30/04/2004, she was engaged as Guest Lecturer and for the remaining period she continued as a contract Lecturer. Agreements have been executed by her for the contract appointments and the last one being signed on 20/07/2009. She is getting a consolidated pay of Rs.10,300/-. It is contended that she was placed on a regular scale of pay between 05/11/2004 to 08/07/2005. Ext.P2 is produced in support of the above plea. 2. The petitioner relies on the provisions of the Central Act, namely, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 wherein Section 33 obliges the various W.P.(C). No.27891/2009 -:2:- institutions to appoint persons having disabilities to fill up the vacancies not less than 3%. It is in these circumstances, the petitioner has approached the respondents by filing Ext.P5 representation seeking for regularisation of her appointment. 3. Heard learned Standing Counsel for the respondents. There will be a direction to the first respondent to take a decision on Ext.P5 within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms