GOVERNMENT
OF KERALA
Personnel
and Administrative Reforms (Advice-C) Department
CIRCULAR
No.
14704/Adv.C1/2001/P&ARD. Dated: Thiruvananthapuram,
29th August 2001.
Sub:
- Public Services- Physically Handicapped provisional
employees who were in service during the period from 1-1-1997to
14-8-1998- Regularization of service-Reg.
Ref:-
1. G.O.(P)No.18/99/P&ARD dated 13-10-1999.
2. High Court order dated 1-11-1999 in CMP No. 45665/99
in O.P. No. 276999/99.
3. Government Letter No
16381/Adv.C1/99/P&ARD dated 15-11-1999.
4. High Court’s Judgement
dated 25-5-2001in O.P.Nos 26999/99-L, 22252/99-Y and 31750/99-D
filed by the Ernakulam District P.S.C. Last Grade Service
Rank Holders Association and Others.
5. Circular No.16381/Adv-C1/99/P&ARD
dated 19-6-2001.
6. Order of the High Court
dated 5-11-2001 in CMP No. 5024/01 in W.A 2247/01.
7. Government Letter No
14704/Adv.C1/2001/P&ARD dated 20-11-2001.
8. Order of Hon’ble High
Court dated 23-7-2002 in CMP No 5024/2001 in WA 2247/2001.
As
per the G.O. Ist cited orders were issued for the regularization
of the services of the physically handicapped (Temporary)
employees who were engaged in Public Services through
Employment Exchange under Rule 9 9a) (i) during the period
from 1-11997to14-8-1998-in connection with 50th
Year of India’s Independence- subject to the conditions
specified therein. In pursuance of the above order dated
13-10-1999, Ernakulam District P.S.C. Last Grade Servants
Rank Holders Association and another filed Ops. Before
the High Court against the regularization of physically
Handicapped persons and High Court as per the interim
order 2nd cited stayed the operation of Government
order 13-10-1999. Accordingly direction were issued to
all concerned for the compliance of the Court direction
vide Government letter 3rd cited. The Hon’ble
High Court as per judgement 4thcited have dismissed the
OPs. Accordingly as per the circular 5thcited directions
were issued to all concerned to pursue action for the
regularization of the service of physically handicapped
provisional employees in accordance with the orders issued
in the G.O. Ist cited.
The
judgement of the High Court 4th cited was challenged
in WA 2247/01 filed by Shri M.M. Navas and the Hon’ble
High Court as per their order 6th cited granted
interim stay on the operation of the Government Order
Ist cited until further orders. Therefore, the directions
issued in the G.O. first cited could not be implemented
by the appointing authorities. The Hon’ble High Court
as per their order 8th cited have vacated their
interim order dated 5-11-2001 and dismissed the CMP No.
5024/2001 inn WA No. 2247/2001. There is therefore, no
objection implementing the orders issued in the. first
cited.
In
the above circumstances all heads of Departments and Appointing
Authorities are directed to pursue action for the regularization
of the service of physically handicapped provisional employees
in accordance with the orders issued in the G.O. Ist cited.
T.C.MATHEW,
Additional
Secretary to Government.
To
All
Heads of Departments/Appointing Authorities
The
Chief Executives of all Government Owned Public Sector
Undertaking, Companies and Corporations.
All
Departments (all sections) of the Secretariat including
Law and Finance.
All
District Collectors.
The
Accountant General (Accounts and Entitlements), Kerala,
Thiruvananthapuram (With C.L.) The Principal Accountant
General (Audit), Kerala, Thiruvananthapuram (With C.L.)
The
Secretary, Kerala Public Service Commission (With C.L.)
The
Registrar, High Court of Kerala, Ernakulam. (With C.L.)
The
Registrar, University of Kerala/Kochi/Kozhikode/Kannur.
(With C.L.)
The
Registrar, Mahatma Gandhi University, Kottayam. (With
C.L.)
The
Registrar, Kerala Agricultural University, Thrissur. (With
C.L.)
The
Secretary, Legislature Secretariat. (With C.L.)
The
General Manager, K.S.R.T.C., Thiruvananthapuram. (With
C.L.)
The
Secretary, K.S.E.B, Thiruvananthapuram (With C.L.) The
Private Secretaries to the Chief Minister and Other Ministers.
The
Private Secretary to the Leader of Opposition, Cantonment
House, Thiruvananthapuram.
The
Private Secretary to the Speaker, /Deputy Speaker, Legislative
Assembly, Thiruvananthapuram
The
Private Secretary to the Governor, Raj Bhavan, Thiruvananthapuram
The
Advocate General, Ernakulam.
The
Additional Secretary to the Chief Secretary.
The
Director of Public Relations
The
Stock File.
