Allowed

Sini Abraham v. State of Kerala and Others

Kerala HC19 Aug 2009WP(C)/6032/2009

Case brief

AI extract

What is this about?

This court directed the respondents to reappoint physically handicapped petitioner(s) as Junior Language Teachers under the reserved quota, granting benefits under G.O.(P) No.85/2007/SWD and directing vacant posts to be reserved within three weeks.

What did the court decide?

Directing the second respondent to pass orders granting the benefit of the 30/11/2007 Government Order and the 14/07/2009 Government Order, and to make orders regarding reappointment within existing r

Sini Abraham Vs State of Kerala and Others — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931

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WP(C).No. 6032 of 2009(Y)

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

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PETITIONER(S):

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

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SINI ABRAHAM, JUNIOR LANGUAGE TEACHER, HINDI PART TIME, GOVERNMENT U.P. SCHOOL, MANADKA, THUNDATHIL HOUSE, PERINGO.P.O, KISANNAGAR, PAYYANNUR VIA, KANNUR DISTRICT.

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BY ADV. SMT.I.SHEELA DEVI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, THIRUVANANTHAPURAM.

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2. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD.

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3. EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, KASARAGOD.

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R1 TO R3 SR. GOVERNMENT PLEADER SMT.T.B.RAMANI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, ALONG WITH WPC NO. 6248 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 6032/2009

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APPENDIX

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PETITIONER'S EXHIBITS

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P1:- COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE DISTRICT DISABILITY BOARD, KASA RAGOD ON 19.2.03 TO THE PETITIONER.

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P2:- COPY OF THE ORDER NO.A3.8494/99 DTD. 30.6.99 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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P3:- COPY OF THE DISCHARGE CERTIFICATE DTD. 31.3.00 ISSUED BY THE HEADMASTER, GOVERNMENT U.P.SCHOOL, MANADKA TO THE PETITIONER.

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P4:- COPY OF THE G.O.(P) NO.85/2007/SWD DTD. 30.11.07 AND THE RELEVANT PAGES EVIDENCING THE REGULARIZAION OF PHYSICALLY HANDICAPPED PERSONS IN KASARAGOD DISTRICT.

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P5:- COPY OF THE ORDER NO.A3/16450/2008 DTD. 1.11.08 ISSUED BY THE PUBLIC INFORMATION OFFICER TO THE PETITIONER.

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P6:- COPY OF THE ORDER NO.A3/16449/08 DTD. 1.11.08 ISSUED BY THE PUBLIC INFORMATION OFFICER, KASARAGOD TO SRI.JAYA KUMAR.

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RESPONDENT'S EXHIBITS

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R2(a):- COPY OF THE LETTER DTD. 17.12.08.

TRUE COPY

P.A. TO JUDGE

tss

T.R. RAMACHANDRAN NAIR, J.

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~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C). Nos.6032/2009-Y & 6248/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19^th day of August, 2009

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J U D G M E N T

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The petitioner in W.P.(C).No.6032/2009 was appointed as Junior

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Language Teacher (Hindi) (Part Time) under the physically handicapped quota sponsored by the Employment Exchange. The appointment was made under Rule 9(a)(i) of K.S. & S.S.R. The appointment order is produced as Ext.P2. She joined service on 05/07/1999 and continued on daily wage basis during the academic years 2001-02, 2002-03 and 2003-04. This is evident from Ext.P3. The Government ordered regularisation of service of physically handicapped employees for the period from 15/09/1998 to 15/08/1999, as per G.O.(P) No.85/2007/SWD dated 30/11/2007 and published a rank list. The petitioner is Sl.No.24 in the said list. G.O.(P) No.85/2007/SWD dated 30/11/2007, is produced as Ext.P4. The main prayer in the writ petition is for a direction to the respondents to regularise the service of the petitioner as Junior Language Teacher (Hindi) (Part Time) under the physically handicapped quota.

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In W.P.(C).No.6248/2009, the petitioner was appointed as Junior Language Teacher (Hindi) (Full Time) through Employment

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W.P.(C).Nos.6032/2009 & 6248/2009

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-:2:-

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Exchange. She is also a physically handicapped candidate. The appointment was made on 30/06/1999 and she joined service on 06/07/1999 and was continuing as such. She is also included in the ranklist, Ext.P4, as Sl.No.37. Similar prayers are made in this writ petition also.

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This Court by interim order dated 26/06/2009 directed the second respondent not to fill up the vacancies pointed out in the affidavit in support of I.A.No.7810/2009 in W.P.(C).No.6248/2009. Thereafter, it was modified as per order dated 13/07/2009 by directing the respondents to reserve the vacancy in G.U.P.S., Kasaragod without filling it up. In W.P.(C) No.6032/2009 also one vacancy of Junior Language Teacher (Hindi) (Part Time) in G.U.P.S., Arai was directed to be reserved.

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The learned Government Pleader has brought to my notice a copy of G.O.(P) No.28/09/SWD, dated 14/07/2009, regarding the procedure to be adopted for reappointment of physically handicapped persons who are entitled for the benefit of Ext.P4 order. It is specified in Sub Para (2) therein that the persons who are eligible for appointment as per order dated 30/11/2007, can be appointed in similar posts, if sufficient vacancies are not there in the concerned departments or establishments, after getting permission from the Government.

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W.P.(C).Nos.6032/2009 & 6248/2009

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-:3:-

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In that view of the matter, the petitioners are entitled to be reappointed in service. The second respondent Deputy Director of Education, Kasaragod is directed to pass appropriate orders granting the benefit of Ext.P4 Government Order and the benefit of the Government Order dated 14/07/2009. Orders regarding reappointment of the petitioners will be made in the existing vacancies which were ordered to be reserved as per the interim orders passed by this Court, within three weeks from the date of production of a copy of this judgment.

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(T.R. Ramachandran Nair, Judge.)

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Sini Abraham v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Sini Abraham v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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