IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 36812 of 2009(V) -------------------------- PETITIONER(S): --------------- HARINARAYANAN.T.S, S/O.SANKARANARAYANAN.T.N.(LATE), THAYYAL HOUSE, PARAKKALAM, VILAYODY.P.O, CHITTOOR-678 103, PALAKKAD DISTRICT. BY ADV. SRI.K.SASIKUMAR SRI.S.SREEDUTT RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, SOCIAL WELFARE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY TO THE GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. KERALA STATE HANDICAPPED PERSONS' WELFARE CORPORATION, POOJAPPURA, THIRUVANANTHAPURAM-12, REPRESENTED BY ITS MANAGING DIRECTOR. 5. THE STATE COMMISSIONER FOR PERSONS WITH DISBILITIES, ROOM.NO.113, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. WPC NO.36812/2009 6. DISTRICT COLLECTOR, PALAKKAD. 7. KERALA STATE ELECTRICITY BOARD, VYDYUTI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY. 8. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. 9. CHIEF ENGINEER (H.R.M), KERALA STATE ELECTRICITY BOARD, VYDYUTI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. 10. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, CHERPALCHERY-679 503, PALAKKAD DISTRICT. 11. DISTRICT EMPLOYMENT OFFICER, PALAKKAD. ADV. SRI.K.S.ANIL, SC, KSEB FOR R7-10 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R7-10 MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36812/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE CERTIFICATE DATED 13/12/1995 ISSUED BY THE MEDICAL BOARD CONSTITUTED AT THE DISTRICT HOSPITAL, PALAKKAD. P2 : COPY OF THE DISCHARGE CERTIFICATE DATED 15/10/1999 ISSUED BY THE 10TH RESPONDENT - ASSISTANT EXECUTIVE ENGINEER. P3 : COPY OF G.O.(P) NO.33/2005/SWD DATED 05/03/2005 ISSUED BY THE 1ST RESPONDENT. P4 : COPY OF G.O.(P) NO.43/2007/SWD DATED 09/08/2007. P5 : COPY OF APPLICATION DATED 17/09/2007 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EMPLOYMENT OFFICER, PALAKKAD. P6 : COPY OF LETTER NO.A1-3230/07 DATED 24/09/2007 FORWARDED BY THE EMPLOYMENT OFFICER, CHITTOOR TO THE PETITIONER. P7 : COPY OF G.O.(P) NO.85/2007/SWD DATED 30/11/2007 ALONG WITH THE LIST OF PALAKKAD DISTRICT. P8 : COPY OF CIRCULAR NO.175/A2/08/SWD DATED 21/05/2008 ISUED BY THE 1ST RESPONDENT. P9 : COPY OF ORDER B.O.(FB) NO.2257/2008 (ESTT.V/4079/2005) DATED 09/09/2008 PASSED BY THE 7TH RESPONDENT - KSEB IN ITS MEETING HELD ON 18/08/2008. P10 : COPY OF THE APPLICATION DATED 09/05/2009 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF ENGINEER, KSEB. P11 : COPY OF G.O.(P) NO.28/2009/SWD DATED 14/07/2008 PASSED BY R1. P12 : COPY OF LETTER NO.E.B.5(A)/P.H./09 DATED 05/10/2009 ISSUED BY 9TH RESONDENT TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.36812 of 2009 (V) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T The issue raised in this writ petition, viz. re-appointment and regularisation of physically handicapped persons, is covered by judgment dated 08/12/2009 in WP(C) No.35803/2008. Therefore, the prayer sought in this writ petition cannot be granted. But however, it is clarified that if any vacancy is available in the respondent Board, to which the petitioner could be accommodated, it will be open to the petitioner to point out such vacancy 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 will be passed on the subject. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg