(1.) The petitioner in the Original Petition is the appellant in the Writ Appeal. The Original Petition was filed for a declaration that the petitioner is entitled to be reappointed and regularised in the post of peon in the Kerala State Bamboo Corporation on the basis of Ext. P2 Government Order dated 30.3.1995.
(2.) The case of the appellant is that he is a physically handicapped person having 25% disability due to osteoarthrosis on his right elbow. According to the appellant, he had worked from 14.9.1993 to 1.10.1996 on temporary basis as peon. He had made two representations dated 14.9.1996 and 6.2.1997 claiming the benefit of Ext. P2 Government Order. The second respondent informed the Government by Ext. P3 communication that the appellant was not appointed through employment exchange and he was engaged only on daily wage basis and therefore he cannot be regularised in service on the basis of Ext. P2 Government Order. The appellant challenged the order passed by the 2nd respondent denying him the benefit of regularisation.
(3.) A counter affidavit was filed on behalf of the 2nd respondent. It is stated that since the appellant was not engaged through employment exchange, Ext. P2 Government Order is not applicable in the case of the appellant. It is also stated that the 2nd respondent had taken up the issue of regularisation of the appellant and others with the Government, and the Government declined the request by Ext. R2(a). It is further stated in the counter affidavit that there is no vacancy in the post of peon.