IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 35803 of 2008(K) -------------------------- PETITIONER(S): --------------- K.M. SUKUMARAN, KOLOTHU PARAPPURAM, ANNANAD POST, CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE CHIEF ENGINEER (HRM), K.S.E.B, VYDHUTHI BHAVANAM, PATTOM PALACE.P.O, THIRUVANANTHAPURAM-4. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM PALACE.P.O, THIRUVANANTHAPURAM-4. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 & 2 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35803 of 2008 (K) --------------------------------- Dated, this the 8th day of December, 2009 J U D G M E N T The petitioner is a physically handicapped person. According to him, he has rendered service under the KSE Board as Office Assistant Gr.II from 29/04/1999 to 23/10/1999. It is stated that therefore he is entitled to the benefit of GO(P) No.33/2005/SWD dated 05/03/2005. The petitioner relies on Ext.P3, a Board order dated 09/09/2008, where the Board has decided to extend the benefit of the aforesaid Board Order to persons like him. On this basis, the petitioner seeks an order requiring the respondents to offer him employment. 2. A counter affidavit has been filed by the respondent Board, where the stand of the respondents is that no vacancy was available to be filled up from among the physically handicapped persons like the petitioner. There is nothing available to discredit this statement of the Board. In view of this, at this stage, no positive direction can be issued to the respondents. WP(C) No.35803/2008 -2- 3. However, the learned counsel for the petitioner submits that even as on date, there are 3 vacancies available and that in one of the vacancies, a temporary candidate is working. As at present, there is no material to substantiate this plea either and in the light of the positive stand taken by the respondents, this plea also cannot be accepted. However, if as stated by the petitioner, there are vacancies, it is clarified that it will be open to the petitioner to point out the existence of such vacancies with particulars to the 1st respondent, in which event, the 1st respondent shall examine the claim, and if the petitioner succeeds in establishing that there are vacancies, necessary orders shall be passed in the light of Ext.P3 Board Order referred to above. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg