ELDO T.A., S/O.ABRAHAM Vs. STATE OF KERALA, REPRESENTED BY SECRETARY,PERSONNEL AND ADMINISTRATIVE REFORMS

JUDGEMENT

(1.) THE petitioner is a physically handicapped person. He was appointed through employment exchange provisionally to the post of Account Clerk by Ext.P3 order on 1.11.2004 in the office of the 2nd respondent. While he was so continuing in service, the 2nd respondent issued Ext.P23 public notice inviting applications for selection to the post of Accounts Clerk. The petitioner is challenging Ext.P23 order.

(2.) THE petitioner's contention is that the vacancy has not been notified to the employment exchange concerned, which is in violation of the provisions of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. It is also submitted that the petitioner being a physically handicapped person, is entitled to the benefits of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in the matter of public employment.

(3.) I have heard Sri. Kurian Antony Edassery, counsel appearing for the petitioner, Sri. Anoop, counsel for the 2nd respondent and the learned Government Pleader.