MAYA P.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) FACTUAL ASPECTS : The appellants in these Civil Appeals are persons with benchmark disabilities, each with a physical disability exceeding 40%. They were engaged in various public institutions in the State of Kerala under Rule 9(a)(i) of the Kerala State and Subordinate Service Rules, 1958 (for short, "the KS & SSR"), which governs temporary appointments made in public interest, for a period not exceeding 179 days.

(2.) By a Government Order (for short, "the G.O.") dtd. 18/5/2013, the State Government of Kerala (first respondent) resolved to regularise the services of 2,677 physically disabled persons against supernumerary posts, who had been engaged temporarily through employment exchange under Rule 9(a)(i) of the KS & SSR between 16/8/1999 and 31/12/2003. According to the said G.O., the appellants were to be reappointed to supernumerary posts created solely for their absorption. The said G.O. further stipulated that such supernumerary posts would stand abolished upon the retirement of the incumbents.

(3.) Pursuant to the above G.O., the appellants were reappointed on a regular basis in their respective departments. However, by a subsequent G.O. dtd. 3/2/2016, the first respondent, inter alia, declared that such reappointed persons shall not be eligible for declaration of probation, inclusion in the combined seniority list, or consideration for promotion.