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HIGH COURT OF KERALA
A. Muhamed Mustaque, P. Krishna Kumar, JJ
STATE OF KERALA REPRESENTED BY ITS SECRETARY,PRINTING DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM – Appellant
Versus
K.MURUKAN S/O.KRISHNANKUTTY – Respondent
| Table of Content |
|---|
| 1. initial appointments were provisional based on rules. (Para 1 , 2 , 3 , 4) |
| 2. state's arguments challenge the validity of appointments. (Para 5 , 6 , 7 , 8) |
| 3. court analyzes appointing authority and appointment validity. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. regularization of appointments requires adherence to rules. (Para 19) |
| 5. verification ordered for regularization process completion. (Para 21 , 22) |
JUDGMENT
P.Krishna Kumar, J.
O.P.(KAT)No.343/2017
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 t
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