STATE OF KERALA Vs. K.MURUKAN

JUDGEMENT

(1.) The respondent, a physically challenged person having 40% permanent disability, after being selected through Employment Exchange was provisionally appointed as a Sweeper in the Government Central Press, Thiruvananthapuram by the Director of Printing, the second petitioner herein, for a maximum period of 179 days or till appointing a permanent hand, as per Annexure A2. Later, the respondent approached the Kerala Administrative Tribunal seeking a declaration that he has been appointed on a regular basis and hence he should be regularised in the service with retrospective effect.

(2.) Referring to Rule 4 (b)of the Special Rules for the Kerala Last Grade Service ('the Special Rules', for short) and following the earlier decision of the Tribunal in M.Murukan v. The Principal, Government College, Attappady and Another (KAT Reporter Volume 4 (2015) Part I Page78), the declaration as sought for was granted finding that the case of the respondent is identical to the petitioner in the said case. The Tribunal further followed the decision of this court in W.A.No.96/2000, wherein a similar appointment of Hospital Attendants Grade II was approved by this court.

(3.) In this case, two Sanitation Workers were appointed in the Government Central Press, Thiruvananthapuram, as per Annexure A2 for a period of 179 days under Rule 9(a)(i) of Part II of the Kerala State and Subordinate Services Rules, 1958, based on the list received from the District Employment Exchange. They approached the Tribunal contending that the post of Sanitation Worker is included in the Special Rules and one of the methods for appointment is through the Employment Exchange and that they were accordingly appointed against substantive vacancies by their Head of the Department, in the absence of a common seniority list of Part-time contingent employees maintained by the District Collector for appointment by promotion.