SHAJAN ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Mr. K.M. Joseph, learned counsel appearing for the appellant and Mr, Antony Dominic, learned counsel for the second respondent company.

(2.) The Writ Appeal is preferred against the judgment in O.P. 15404 of 1997 of a learned single Judge dated 25.9.1997 rejecting the Original Petition filed by the appellant. Appellant filed the OP for a mandamus directing the second respondent management to appoint him and to quash Ext. P5 dated 17.2.1997 under which the representation dated 9.10.1996 submitted by the appellant before, the Honourable Minister for Industries and Social Welfare, rejecting the same on the ground that the appellant's appointment as temporary helper was not by virtue of his being a handicapped person.

(3.) Appellant's case is that he is a physically handicapped person and his 45% disability was assessed and found by a duly constituted medical board. He has enrolled for the ITI course and passed the same in Electrician trade. He registered himself with the Employment Exchange in 1990 as a physically handicapped person. In 1992, he was recruited as a temporary helper under the second respondent He was originally appointed as a helper on 21.5.1992 and continued till 20.11. 1992. Thereafter, he again worked from 23.11.1992 to 22.1.1993, 16.8.1993 to 15.2.1994 and his last stint was from 18.2.94 to 22.8.1996. Contending that he is entitled for regularisation on account of the employment being in respect of a permanent post, appellant, along with several other employees, had approached this Court by filing O.P. 10357/94. An order was passed prohibiting termination dated 3.8.1994 of the appellant along with others. The said Original Petition was ultimately dismissed. Against the same, he has filed WA 1698 of 1996 and the same is pending. While so, the State of Kerala brought out Ext. P2 Government Order dated 30.3.1995 and directed regularisation of all physically handicapped provisional temporary employees. In pursuance of the same, the appellant, who admittedly worked during the period in question, made a representation to the second respondent dated 14.8.1995, which did not evoke any response. His representation was also rejected by the Government. Therefore, me appellant filed the present Original Petition with the prayers mentioned supra.