Kerala High Court

WP(C)/37596/2009 of SREEJA VAYALERI & ANOTHER Vs STATE OF KERALA on 30 December 2009

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 WP(C).No. 37596 of 2009(T) ---------------------------------- PETITIONER(S): ----------------------- 1. SREEJA VAYALERI, D/O.BALAKRISHNAN, AGED 27 YEARS,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931

WP(C).No. 37596 of 2009(T)

----------------------------------

PETITIONER(S):

-----------------------

1. SREEJA VAYALERI,

D/O.BALAKRISHNAN, AGED 27 YEARS,

SREENILAYAM, KAMMAVAN AMSOM,

MUDAPATHOOR POST, MALLANOOR, KANNUR.

2. SREEVIDYA.V.K, D/O.P.A.NARAYANAN,

AGED 25 YEARS, VELLIYAMKULAM EAST,

KATHIZOOR, KANNUR DISTRICT.

BY ADV. SMT.K.K.CHANDRALEKHA

RESPONDENT(S):

-------------------------

1. STATE OF KERALA REPRESENTED

BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

2. KANNUR DISTRICT LOTTERY OFFICER,

DEPARTMENT OF STATE LOTTERY, KANNUR.

3. KERALA PUBLIC SERVICE COMMISSION,

REPRESENTED BY ITS SECRETARY.

R1 & R2 BY GOVT. PLEADER MR.NOBLE MATHEW

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

S. SIRI JAGAN, J.

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W.P.(C) No. 37596 of 2009

=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=Dated this the 30[th] day of December, 2009

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JUDGMENT

Petitioners claim to be physically handicapped persons. They produced Exts.P1 and P2 disability certificates in support of that claim,which would go to show that they are suffering from 40% physicaldisability. By Ext.P3 order they have been provisionally appointed as Clerkson daily wages in the Lottery Department at Kannur. The petitioners havefiled this writ petition anticipating termination of their services toaccommodate other provisional daily wage employees. The petitionerswould submit that they are entitled to the benefit of G.O.(P) No.46/08/SWDdated 19-7-2008 and, therefore, they are eligible to be advised by the KeralaPublic Service Commission for regular appointment. Therefore, they seekthe following reliefs:-

a) to issue a writ of mandamus or other appropriate writ ororder directing respondent Nos. 1 & 2 to regularize theprovisional employment of the petitioners;order directing respondent Nos. 1 & 2 to regularize theprovisional employment of the petitioners;

b) to issue a writ of mandamus or other appropriate writ ororder directing respondents 1 and 2 not to terminate thepetitioners till the completion of selection process for theabove posts. order directing respondents 1 and 2 not to terminate thepetitioners till the completion of selection process for theabove posts.

c) to issue a writ of mandamus or other appropriate writ ororder directing respondents 1 and 2 to consider and disposeof Exts.P4 and P5 representations submitted by thepetitioners; andorder directing respondents 1 and 2 to consider and disposeof Exts.P4 and P5 representations submitted by thepetitioners; and

d) to issue such other and further orders or directions thisHonourable Court deem fit and proper in the interest ofjustice.Honourable Court deem fit and proper in the interest ofjustice.

2. In respect of another employee included in Ext.P3 appointment order, this Court had in W.P.(C) No. 32258 of 2009 passed the following judgment:- “Petitioner claims to be a physically challengedwoman with 40% disability as certified in Ext.P1. The prayersought is to direct respondents 1 and 2 to commence theselection process for physically handicapped persons and fillup vacancies in the quota ear marked.

2. The standing counsel appearing for the PSC referredto Government Order GO(P) No.46/08/SWD dated 19-7-2008and submits that the Government have already directed thePSC to advise physically handicapped persons againstSl.Nos.33, 66, 99 out of 100 vacancies on out of turn basis. Itis stated that as and when any vacancy is available PSC will beinviting applications and if the petitioner is eligible for thesame application can be made in which event her candidaturewill be duly considered. This submission should redress thegrievance of the petitioner and it is directed that it will be opento the petitioner to submit her application as and when suitablevacancy is notified.

3. Petitioner prays that she is continuing on dailywages under the 3[rd] respondent and there is a threat oftermination. It is stated that so long as there is scope foremployment she should not be disturbed.

4. This essentially is a matter for the 3[rd] respondent toconsider. It will be open to the petitioner to move the 3[rd]respondent and in which case he shall deal with the sameproperly.”

3. In view of the fact that identically situated employee had been given certain benefits by this Court, as per the above judgment, I amsatisfied that the petitioners are also entitled to the very same relief.

Accordingly, this writ petition is disposed of in terms of the abovejudgment.

S. SIRI JAGAN, JUDGE.

Mn.

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