NADIRA S Vs. STATE OF KERALA

JUDGEMENT

(1.) The above original petition is filed by the applicant in T.A.No.2009 of 2012 aggrieved by the order dated 13.1.2021 issued by the Kerala Administrative Tribunal, Thiruvananthapuram dismissing the same.

(2.) As averred in the original petition, the petitioner has passed the 7th Standard and belongs to the OBC community, and is having 40% physical disability as evidenced by Ext.P1 certificate issued by the Medical Board, attached to the Medical College Hospital, Alappuzha. The petitioner was sponsored by the Employment Exchange along with others for appointment as 'Ayah' and was appointed at Government Nursery School, Alappuzha as per order dated 13.6.1996. Apprehending termination from service, she approached this Court by filing O.P.No.18290 of 1996 and sought regularisation of service.

(3.) The said writ petition was disposed of by directing the 3rd respondent to consider the request of the petitioner for regularisation. However, the 3rd respondent as per order dated 26.12.1996 declined the request for regularisation of the petitioner 's service and on 1.1.1997 the 3rd respondent instructed the Asst. Education Officer, Alappuzha to terminate the service of the petitioner as the period of provisional employment had already expired. On 1.1.1997 the Asst. Educational Officer, Alappuzha as per Ext.P7 order removed the petitioner from service from the forenoon of 1.7.1997. In the meanwhile, the 1st respondent issued Ext.P2 Government Order, GO(P) No.32/98/P&ARD dated 28.9.1998 wherein orders were issued in connection with the Golden Jubilee of India's independence in the matter on regularisation of services of physically handicapped provisional (temporary) employees, who were engaged in service during the period from 1.1.1997 to 31.1.1997. Thereupon, the petitioner approached this Court again filing O.P.No.18408 of 1998, and this Court by Ext.P3 judgment directed the 3rd respondent to consider the claim of the petitioner for the appointment. Pursuant to the said direction the request of the petitioner was declined by the 3rd respondent as per Ext.P4 order. The said order of rejection was challenged in O.P.No.17742 of 2000, but this Court declined to interfere in the matter, and thereupon, an appeal was preferred as Writ Appeal No.1655 of 2000 and the said appeal was disposed of as per Ext.P5 judgment dated 26.9.2000 relegating the petitioner to approach the Government by filing a revision. In obedience to the said direction, a representation was submitted by the petitioner before the Government, which was ultimately rejected as per Ext.P6 order. It is challenging the same, the petitioner preferred O.P.No.29817 of 2002, which on the formation of the Kerala Administrative Tribunal was transferred to the Principal Bench at Thiruvananthapuram and renumbered as T.A.No.2009 of 2012. The Tribunal after considering the rival contentions rejected the request of the petitioner for regularization as per Ext.P3 order dated 13.1.2021 holding that the petitioner is not entitled to the benefit of Ext.P2 Government order as she was not in service as on 1.1.1997. It is challenging the said verdict of the Kerala Administrative Tribunal dated 13.1.2020 in T.A.No.2009 of 2012 that the present original petition is filed.