IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 17445 of 2007(B) -------------------------- PETITIONER(S): --------------- SUSAMMA NINAN, AGED 37 YEARS, D/O.NINAN, ELANJIMATTOTHIL, KAVALACHIRA, MEENADOM P.O., KOTTAYAM. BY ADV. SRI.MARTIN G.THOTTAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, POOVANTHURUTH, KOTTAYAM - 12. ADV. SRI.K.S.ANIL, SC, KSEB FOR R2,3 GOVERNMENT PLEADER SHRI.ARAVIND KUMAR BABU SRI. ASOK M.CHERIYAN, SC, KSEB FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 17445/2007 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE DISABILITY CERTIFICATE. P2. COPY OF THE MEMO DTD.11.11.98 BY R3. P3. COPY OF THE LETTER DTD.6.6.05. P4. COPY OF THE LETTER DTD.22.04.05. P5. COPY OF THE LAWYER NOTICE DTD.20.2.07. P6. COPY OF THE ORDER DTD.6.3.07. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.17445 of 2007 ================== Dated this the 14th day of October, 2010 J U D G M E N T The petitioner is a physically handicapped person having 50% permanent disability. The petitioner was appointed in the Kerala State Electricity Board through employment exchange provisionally. Subsequently, the petitioner was disengaged after the provisional employment period was over. According to the petitioner, as per the Government orders on the subject, physically handicapped persons, who have been disengaged after provisional employment, are entitled to re-employment. Therefore, the petitioner sought re-employment. The petitioner was favoured with Ext.P6 reply by the Electricity Board, which reads thus: “Inviting attention to the reference cited. The G.O(P) No.33/2005/SWD dated 05.03.2005 has not been adopted in the Board for implementation, as some clarifications are required from the Government. Hence the matter has been taken up with the Government. The list of Physically Handicapped persons who were in provisional service of the Board during the period from 15.08.98 to 15.08.99 and completed 179 days of service has been sent to Government. The list includes the name of Smt.Susamma Ninan. Re-appointment/ regularization of the Physically Handicapped persons engaged during 98- 99 can be considered only on receipt of a direction from the Government.” The petitioner has filed this writ petition, since even after three months, no steps were taken pursuant to Ext.P6. 2. A counter affidavit has been filed by the 2nd respondent taking the stand that the Government order on the subject has not w.p.c.17445/07 2 been adopted by the Board for implementation and, therefore, clarification was sought by Ext.P6. It is because no clarification was received, further proceedings were not taken, is the contention raised. The learned Government Pleader submits that as per the Government orders, all statutory Boards and other establishments under the Government have been specifically directed to implement that order, a decision pursuant to which has to be taken by the Board and therefore it was not necessary for the Board to seek clarification in the matter. 3. I have considered the rival contentions in detail. 4. The respondents do not dispute before me the fact that the petitioner is eligible for the benefit of the said Government order. The Government Pleader submits that the Government have issued to all statutory authorities under the Government to implement that order. The Electricity Board cannot dispute the fact that they are bound by the orders of the Government. That being so, I hold that the Government order granting benefit to physically handicapped employees, who have been provisionally employed and terminated from service later, is applicable to the Kerala State Electricity Board also. That being so, the respondents 2 and 3 are liable to reinstate the petitioner in service in accordance with the Government order, G.O(P)No.33/2005-SWD/dtd. 5.3.2005. Accordingly, the respondents are directed to give the w.p.c.17445/07 3 petitioner the benefit of the said Government order within three weeks from the date of receipt of a certified copy of this judgment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge