IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 10615 of 2006(L) -------------------------------------- PETITIONER(S): ---------------------- JOSE K.KURIAN, KOCHUPARAMBIL, EZHUMUTTOM P.O., THODUPUZHA. BY ADV. MR.V.M.KURIAN MR.A.V.THOMAS MR.MATHEW B. KURIAN MR.K.T.THOMAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, SOCIAL WELFARE (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, IDUKKI DIVISION, KATTAPPANA. * ADDL. R4 & R5 IMPLEADED ADDL. R4: THE KERALA STATE HOUSING BOARD, HEAD OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM-690 001, REP. BY ITS CHAIRMAN. ADDL. R5: THE SECRETARY, THE KERALA STATE HOUSING BOARD, HEAD OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM-690 001. * ARE IMPLEADED AS ADDL. R4 AND R5 , VIDE ORDER DATED 18/02/2009 IN I.A.2534/2009. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R3, ADDL. R4 & R5 BY ADV. MR.P.C.IYPE, SC, KSHB, MR.A.JAYASANKAR, SC KSHB, TVM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, ALONG WITH WPC NO. 2267 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10615/2006-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE NO.166/2000 DATED NIL ISSUED BY MEDICAL BOARD, TALUK HEAD QUARTERS HOSPITAL, THODUPUZHA. EXT.P2: COPY OF THE ORDER DATED 13/01/1999 ISSUED BY EXECUTIVE ENGINEER, KSHB, KATTAPPANA. EXT.P3: COPY OF THE DISCHARGE CERTIFICATE DATED 27/07/1999 ISSUED BY EXECUTIVE ENGINEER, KSHB, KATTAPPANA. EXT.P4: COPY OF THE G.O.(P)NO.33/2005/SWD DATED 05/03/2005 ISSUED BY 1ST RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 22/03/2005 SUBMITTED BY PETITIONER TO EXECUTIVE ENGINEER, KSHB, KATTAPPANA. EXT.P6: COPY OF THE ORDER DATED 09/12/2005 IN WP(C) NO. 34254/2005 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE RELEVANT EXTRACT OF ORDER DATED 30/11/2007 ISSUED BY THE GOVERNMENT. EXT.P8: COPY OF THE JUDGMENT DATED 06/05/2008 IN WP(C) NO. 37281 OF 2007. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE LETTER DATED 25/06/2008. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C) No.10615 of 2006-L & 2267 of 2009-T ------------------------------------------ Dated this the 3rd day of August, 2009. J U D G M E N T Heard Sri.K.T.Thomas, the learned counsel appearing for the petitioner in W.P.(C) No.10615 of 2006, Sri.Brijesh Mohan, the learned counsel appearing for the petitioner in W.P.(C) No.2267 of 2009, Sri.Antony Mukkath, the learned Government Pleader appearing for the State of Kerala and Sri.A.Jayasankar, the learned standing counsel appearing for the Kerala State Housing Board. 2. The petitioners are persons with physical disability. The petitioner in W.P.(C) No.10615 of 2006 had earlier served as Draftsman Gr.II and the petitioner in W.P.(C) No.2267 of 2009 had earlier served as Lower Division Clerk in different offices of the Kerala State Housing Board, pursuant to their appointment through the Employment Exchange for a period of 179 days. The petitioners were appointed and were in service during the period from 15.8.1998 to 15.8.1999. The Government of Kerala had taken a decision to regularize the services of persons with disability who had been appointed through the Employment Exchanges in Government Department and various public sector undertakings during the period from 15.8.1998 to 15.8.1999. The petitioners who had been appointed during the said period, applied for such re-appointment and W.P(C) No.10615 of 2006-L & 2267 of 2009-T 2 regularization. Thereupon by Ext.P6 Government order dated 30.11.2007 published in the Kerala Gazette dated 3.12.2007, the Government ordered re-appointment of the petitioners and others in the respective posts which they were holding in the Kerala State Housing Board. These writ petitions are filed aggrieved by the failure of the Kerala State Housing Board to give effect to the decision taken by the Government to re-appoint and regularize them in service, with effect from the date of such re-appointment. 3. The Kerala State Housing Board has now taken a decision in the meeting of the Board held on 26.6.2009 to re-appoint the petitioners and ten other persons, named in Ext.P6 Government order dated 30.11.2007 and to regularize them in service with effect from the date of such re-appointment. A copy of the said decision has been placed on record along with the memo dated 14.7.2009 filed by the learned standing counsel appearing for the Kerala State Housing Board in W.P.(C) No.10615 of 2006. 4. In the light of the stand now taken by the Kerala State Housing Board, I am of the opinion that no further orders are called for except to direct the Secretary, Kerala State Housing Board to give effect to the decision taken by the Kerala State Housing Board on 26.6.2009 by issuing orders re-appointing the petitioners and regularizing them in W.P(C) No.10615 of 2006-L & 2267 of 2009-T 3 service with effect from the date of such appointment. Orders in that regard shall be issued within two weeks from the date on which the petitioners produce a certified copy of this judgment before the Secretary, Kerala State Housing Board. The respondents shall also regularize the service of the petitioners with effect from the date of such re-appointment. It is clarified that if the petitioners will have no claim for regularization in service from an earlier date for the reason that Government orders which they rely on, specifically state that regularization in service will be only with effect from the date of re- appointment. P.N.RAVINDRAN JUDGE ab