IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 19087 of 2008(V) -------------------------- PETITIONER: ------------ K.T.VENU, AGED 43 YEARS, RESIDING AT KOTAMMEL VEEDU, KARIKAD P.O., KUNNUMKULAM DISTRICT. THRISSUR - 680 19 (FTCM SWEEPER, GOVT.SCHOOL FOR BLIND, KUNNAMKULAM). BY ADV. SMT.SANDHYA RAJU SMT.SABNA BABU SMT.JASHITHA VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, HOME DEPARTMENT, TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, AYYANTHOLE, THRISSUR. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19087 of 2008 V -------------------------------------- Dated this the 9th day of July, 2008. J U D G M E N T The petitioner is a physically challenged person having 55% disability. At present he is working as 'FTCM Sweeper' in Government School for Blind, Kunnamkulam. It is stated that the Govrnment School for Blind, Kunnamkulam is situated on the top of a hill and the petitioner finds it difficult to go to the school because of his physical difficulties. Several representations were made by the petitioner to post him to a suitable place. Petitioner filed W.P. (C) No.3537/2008 before this Court, which was disposed of as per Ext.P3 judgment dated 30.1.2008, directing the Deputy Director of Education to consider and pass orders on the representation submitted by the petitioner expeditiously. It is further stated in the Writ Petition that the petitioner could not attend duty in the Government School for Blind, Kunnamkulam which led to the issuance of Ext.P5 memo dated 24.5.2008. The petitioner also sent Ext.P6 reply dated 30.5.2008 to the memo. WP(C)NO.19087/2008 2 2. The relief prayed for in the Writ Petition is to issue a direction to the second respondent to comply with the judgment dated 30.1.2008 in W.P.(C) No.3537/2008 of this Court and for to issue a writ of mandamus directing the second respondent to pay the arrears of salary due to the petitioner. 3. The learned Government Pleader submitted that after the disposal of W.P.(C) No.3537/2008 on 30.1.2008, the Deputy Director of Education, Thrissur has passed an order dated 11.6.2008. A copy of the order was produced by the learned Government Pleader for perusal. The order dated 11.6.2008 reads as follows:- “Sri.K.T.Venu, had submitted transfer application for the post of night watchman at Government Text book depot, Chavakkad. While working as night watchman in Govt. school for blind kunnamkulam on 18.07.2006, he requested to exempt him from the night watchman duty Since he was a physically handicapped person (55%) he was experiencing at most difficulties to perform duties as a night watchman. Based on his request he was exempted from the duties of night watchman and posted as full time sweeper at the Govt. Blind school Kunnamkulam. A copy of his request is attached herewith. On 03.12.2007 Sri WP(C)NO.19087/2008 3 K.T.Venu, submitted another request for transfer to the post of Night watchman at Govt. Text book Depot, Chavakkad. Since Sri K.T.Venu earlier had requested this office to exempt him from night duties being a physically handicapped person. The Govt. also as per circular no.45049/Rules 2/84/GAD dated 04.05.1984 have directed not to post handicapped and unhealthy persons for night watch duty. Sri.K.T.Venu also had moved the Hon:High court for exempting him from night watch duty while he was working as night watch man at the blind school Kunnamkulam. Hence his application was not considered by the under signed. In the judgment in WP(C) NO:3537/2008(U) Hon:High court had directed this office to consider and pass appropriate orders on the transfer request of Sri.K.T.Venu to the District Govt. text book depot Chavakkad. The judgment was forwarded to this office by Human rights Law Network. Since Sri K.T.Venu is a physically handicapped person and who had requested this office to exempt him from night duty being handicapped and also on the strength of Govt. circular directing not to post physically handicapped person for night watch WP(C)NO.19087/2008 4 duty he was exempted from that duty. He had also approached the Hon:High court for exempting him from night duty. Since the post now he had applied for is of night watch man at the District Govt. text book depot Chavakkad this cannot be considered he being a physically handicapped person. Sri.K.T.Venu, is directed to submit an application to any one of the vacant post which do not involve night watch duty which will be considered by under signed. The High court direction in WP (C) NO:3537/2008(U) Dated 15.02.2008 is here by complied.” 4. In the light of the statement in the order dated 11.6.2008, it cannot be said that the Deputy Director of Education, Thrissur had not complied with the judgment passed by this Court in W.P.(C) No.3537/2008 dated 31.1.2008. The Deputy Director of Education has considered all the relevant facts and even given liberty to the petitioner to approach him at appropriate stage, as and when an appropriate vacancy arises in a nearby WP(C)NO.19087/2008 5 school. The submission made by the learned Government Pleader is recorded and the order dated 11.6.2008 is treated as due compliance of the judgment in W.P.(C) No.3537/2008. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Deputy Director of Education, Thrissur to adhere to the order dated 11.6.2008 whenever it is pointed out by the petitioner that an appropriate vacancy has arisen in a nearby school, in which the petitioner can be accommodated. K.T. SANKARAN, JUDGE. cks