ANCY. K Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, who were appointed as Assistants in Mahatma Gandhi University as per Exts.P5 and P6 orders issued in December 2013 and March 2014, are physically handicapped employees. Government had issued Ext.P1 order-G.O.(P).No.40/2013 dated 18.05.2013, offering appointment to the physically handicapped candidates, who had worked for a period of 179 days through Employment Exchange during the period from 16.08.1999 to 31.12.2003, in the respective establishments where they worked after creating supernumerary posts. By Ext.P1 order, Government ordered reappointment of 2677 physically handicapped persons who had worked during the aforesaid period. Ext.P1 order was followed by Ext.P2 order issued on 07.08.2013, extending the benefit of Ext.P1 order to Local Self Government Institutions, Boards, Corporations, Public Sector Undertakings, Co-operative Institutions, Universities, Kerala Public Service Commissions etc. In the Annexure to Ext.P2 order, the details of the employees, who were found eligible for such re-appointments, were given along with their names and the respective establishments in which they were to be appointed. As per Ext.P3 order issued on 07.10.2013, Government ordered that those who had already got regular appointment through Public Service Commission or through Employment Exchange in the meanwhile, need not be given reappointment as per Exts.P1 and P2 orders. However, as per Ext.P4 order issued on 08.11.2013, the said provision in Ext.P3 was withdrawn.

(2.) Some of the petitioners had already got regular appointment through Employment Exchange/Public Service Commission in the meanwhile. However, in view of Ext.P4 order, they accepted the re-appointment offered to them as per Ext.P2 order. The 2nd respondent University appointed the petitioners as per Exts.P5 and P6 orders in 12/2013 and 03/2014 in the post of Assistants in the scale of pay of Rs. 13900-24040. All of them were included in the National Pension Scheme, since their regular appointments were issued subsequent to April 2013.

(3.) In Ext.P5 order, it was stated that the position of the petitioners appointed by that order in the seniority list of Assistants would be immediately below Smt.Aniamma Manual, Assistant, as the junior most Assistant as on the date of entry in the University". In the case of those appointed as per Ext.P6 order, it was stated that their position in the seniority list of Assistants would be immediately below Smt.Anithamma K.K, Assistant, the junior most Assistant as on that day, in the order of their seniority shown in that chart of appointment. As per Ext.P7 order issued on 22.12.2014 probation in respect of 4 of the petitioners was declared, on completion of one year duty with effect from 07.11.2014.