IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 23209 of 2007(K) -------------------------- PETITIONER --------------- A.N.MOHANAN, SUB ENGINEER, K.S.E BOARD, ELECTRICAL SECTION, MOOKKANNUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS --------------- 1. KERALA STATE ELECTRICY BOARD, VAIDHYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER (HRM) K.S.E.BOARD, VAIGHYUTHI BHAVANAM,PATTOM PALACE PO, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 & 2 ADV. SRI.ASOK M.CHERIYAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO:23209 of 2007 --------------------------------------------------- Dated this the 2nd day of January, 2009 JUDGMENT The petitioner is a physically handicapped person having 40% disability. This is evidenced by Ext.P1 Certificate. He was initially appointed on a provisional basis under the first respondent, Kerala State Electricity Board as a Sub Engineer. The petitioner had been regularised in service with effect from 13-10-1999 as per Ext.P2. According to him, going by the provisions of the Central Act namely the Persons with Disabilities (Equal Opportunities Protection of Right and Full participation) Act, 1995, he is entitled to further promotion to the next higher posts. It is also stated that the first respondent and the recognised trade unions representing the employees had entered into a long term settlement on 27.2.07 wherein specifically under clause 32 a provision has been made to the effect that special promotion rules to physically handicapped employees in 3% quota will be implemented by the Board after identifying the eligible categories. According to the petitioner his qualification is Diploma in Electrical Engineering and even though 84 Sub Engineers having the same qualification and who have been directly recruited by the Public Service Commission were promoted so far no action has been taken to identify the posts or apply the principle envisaged in the case of persons who are physically handicapped. wpc:23209/2007 2 2. The respondents have filed a counter affidavit. In paragraph 5, it is admitted that the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, is applicable to the Kerala State Electricity Board. According to the Board it has been decided vide the terms of settlement dated 28-2-2007 that special promotion rules to physically handicapped employees in 3% quota will be implemented by the Board, after identifying the eligible categories. It is also submitted that, an expert committee has to be constituted to identify the posts in Class I and Class II for reservation to the physically handicapped persons as done by the Government. It is further submitted that without constituting an expert committee, no posts can be identified for reserving 3% reservation for physically handicapped persons as envisaged under the Act. 3. It cannot be disputed that the Act in question confer appointment to various categories of physically handicapped persons and no employer can deny the said rights to the claimants. Herein the terms of settlement provides for special promotion to them. Therefore, the implementation of the provision cannot be denied by the respondents herein. Petitioner seeks consideration of his claim for promotion in the said quota. He has filed Ext.P6 representation before the second respondent seeking for appropriate action in the matter. On going through the Counter affidavit filed by the Board, the stand taken is that an expert committee has to be constituted in the matter of identifying the posts etc. Therefore, further action has to be wpc:23209/2007 3 taken by the first respondent itself expeditiously so that the benefits as agreed to could be granted to such persons. Therefore, the first respondent will take further action in the matter including constitution of an expert committee within a period of four months from the date of receipt of a copy of this judgment. Action to redress the grievance of the petitioner will be taken thereafter and Ext.P7 representation will be considered on merits and appropriate action will be taken within a further period of two months. In the light of the directions issued above, Ext.P5 stands set aside. This Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps