BINU Y P Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was appointed temporarily as Clerk - Typist in the office of the Commissioner for Government Examinations in the Education Department and he worked as such for the period from 9.1.1998 to 1.4.1998. During the above period he was paid remuneration by way of daily wages. He is a physically handicapped person.

(2.) Placing reliance on Ext. P3 G.O. dated 14.7.1998, petitioner claimed that he was eligible for appointment under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He made a further claim on the basis of Ext. P5 G.O. dated 17.5.1999 for reappointment and continuance in service.

(3.) In Para.3 of the aforesaid G.O., Government ordered that the benefit granted to the physically handicapped persons as per G.O. (P) No.32/98 / P&ARD dated 28.9.1998 will be extended to the physically handicapped employees who were in service during the period from 1.1.1998 to 14.8.1998 also, subject to the same conditions. In G.O. dated 28.9.1998, orders were issued that the physically handicapped provisional (temporary) employees who were engaged in service during the period from 1.1.1997 to 31.12.1997 will be retained / re - appointed in service on a purely provisional basis subject to the conditions specified therein, pending final decision in consultation with the Kerala Public Service Commission.