SMITHA.V.S Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by the physically challenged employees working in the University of Kerala. They were sponsored through Employment Exchange originally. The petitioners are continuing based on the interim orders passed by this Court.

(2.) The point arises for consideration is whether the petitioners can be regularised in the light of the relevant Government Order directing to regularise the physically challenged persons. The University takes the stand that since the Kerala Public Service Commission has advised 590 candidates for the post of Assistants in the University, the petitioners cannot be regularised. It is stated that the University has staff shortage. The University submits that the petitioners are not entitled for regularisation.

(3.) Learned Standing Counsel appearing for the University referred to the judgment of this Court in W.P.(C) No.3735 of 2017 and connected cases dated 11.04.2017. The said judgment arises in a case where the Data Entry Operators who were on daily wages challenged their termination. This Court, taking note of the fact that the PSC advised candidates are waiting in queue, disposed the writ petitions. The present case is totally on different facts. The petitioners are claiming the benefit of the relevant Government Order ordering absorption of physically challenged persons appointed in the service of the University. The Government in fact, by letter dated 24.04.2014 produced as Ext.P6 in W.P.(C) No.6921 of 2017, ordered the University to furnish the list of physically challenged employees provisionally working in the University. The Government also issued another letter dated 25.07.2015 directing the University to regularise the physically challenged employees working on daily wages. In such scenario, taking note of the urgency involved, it is appropriate the Government takes a decision in the matter. This Court in fact had already given a similar direction in W.P.(C) No.37792 of 2017. Therefore, the Government shall consider this matter in the light of the directions in the above judgment. Till the Government takes a decision, the interim orders passed in the matter will continue. These writ petitions are disposed of as above.