VIVEKANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a physically handicapped person. He was given a temporary appointment as Assistant Grade-II in the office of the Public Service Commission on 15-12-1980. That appointment was under R.9(a)(i) of the Kerala State and Subordinate Services Rules. 1981 being the International year for disabled, the Government of Kerala decided to retain all physically handicapped provisional employees who were in service or who were discharged from service as on 1-1-1981. On the basis of this decision of the Government petitioner was retained in service. Later by G.O.(P) 147/84/GAD dated 11-5-1984 Government in consultation with the P.S.C. decided to regularise the services of all physically handicapped employees appointed under R.9(a)(i) of the K.S. & S.S.R. prior to 1-1-1981 and continued in service as on that date. In pursuance to that order petitioner's services were regularised in the category of Assistant Grade-II with effect from 11-5-1984. Petitioner requested for regularisation of his services with effect from 1-1-1981. That request has been turned down by the P.S.C. by its order, Ext. P4 dated 17-6-1989. Hence this Original Petition.

(2.) Copies of this petition were given to the learned Government Pleader and the Standing Counsel representing the Public Service Commission. They were heard.

(3.) It is the admitted case of the petitioner that he was temporarily appointed under R.9(a)(i) of the K.S. & S.S.R. on 15-12-1980. As an appointee under that Rule, he did not acquire any right to the post. But by virtue of the Government Order dated 20-6-1981, he could continue in service because he happened to be in service as on 1-1-1981. That Government Order did not confer on the petitioner or for that matter any provisional employee any right to the post or to get regularisation. They got a privilege to continue in the post until otherwise ordered. Their right to regularisation crystallised only by virtue of the Government order dated 11-5-1985. Thus it is clear that prior to the Order of 11-5-1984 petitioner had no right to the post. He could claim regularisation only by virtue of the above order. Petitioner has infact been regularised with effect from the date of that order. He is not entitled to project back the date of regularisation to any anterior date. His claim for regularisation with effect from 1-1-1981 cannot be granted.