STATE OF KERALA Vs. JALAL P.

JUDGEMENT

(1.) State of Kerala has preferred this appeal challenging judgment dated 23/5/2019 in WP(C) No. 8098/2015. The first respondent herein, who was the writ petitioner, had approached the learned Single Judge challenging the date of regularization of his service w.e.f. 28/5/2001. According to him, his service ought to have been regularized w.e.f. 7/7/1994.

(2.) The short facts of the case are as under. The writ petitioner, a differently abled person, was working in the post of last grade employee in the Kerala State Housing Board from 7/7/1994. When there was an attempt to terminate his service, he approached the High Court and obtained a stay by filing OP No. 18309/1994. In the meantime, Government issued order dated 22/10/1994 directing reappointment of physically handicapped provisional employees and regularising their service with effect from the date of the said order or their date of rejoining duty. According to the petitioner, Board issued order dated 19/5/2001 in continuation of Government Circular dated 22/10/1994. Petitioner therefore made a request seeking sanctioning of annual increment and other service benefits taking into consideration his service from 7/7/1994 instead of 28/5/2001, which came to be rejected. According to him, since he was already working, there was no question of any rejoining and subsequently he was informed that the Housing Board had sent a letter dated 25/1/2006 to the Additional Secretary, Chief Minister's Public Grievance Redressal Cell that his service was regularised w.e.f. 28/5/2001 as per Board order dated 17/9/2002 and therefore his service from 7/7/1994 to 27/5/2001 cannot be reckoned for regularization. The learned Single Judge observed that in the light of Ext.P3 dated 30/3/1995, petitioner was entitled for regularization, and as he continued in service from 7/7/1994, he is entitled to get regularization based on Ext.P3. Accordingly, Ext.P7 communication dated 25/1/2006 issued by the Kerala State Housing Board to the Additional Secretary, Chief Minister's Public Grievance Redressal Cell was set aside and direction had been issued to provide the petitioner the benefits of regularization effective from the date of Ext.P3 order.

(3.) Learned Government Pleader while impugning the aforesaid judgment submits that Ext.P3 order had no application to persons employed in the Kerala State Housing Board as the Housing Board had issued orders only vide Ext.P2 dated 19/5/2001 and therefore, petitioner's service was regularized effective from 28/5/2001.