IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 6664 of 2010(G) ------------------------- PETITIONER(S): --------------- ABDUL KALAM K.M., S/O.MUHAMMEDALI, KOLLAM THAZHCHAYIL HOUSE, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA (FIELD WORKER (PF NO.2289), B2 DIVISION, KODUMON ESTATE, PLANTATION CORPORATION OF KERALA, PATHANAMTHITTA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. PLANTATION CORPORATION OF KERALA LIMITED, OFFICE OF THE PLANTATION CORPORATION OF KERALA LIMITED, KOTTAYAM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE GENERAL MANAGER (C) PLANTATION CORPORATION OF KERALA LIMITED, OFFICE OF THE PLANTATION CORPORATION OF KERALA LIMITED, KOTTAYAM 3. THE MANAGER, KODUMON ESTATE, PLANTATION CORPORATION OF KERALA LIMITED, NEDUMANKAVU P.O., PATHANAMTHITTA. 4. FIELD EXECUTIVE, B2 DIVISION, KODUMON ESTATE, PLANTATION CORPORATION OF KERALA LIMITED, NEDUMANKAVU P.O., PATHANAMTHITTA. SRI.MATHEWS K.UTHUPPACHAN FOR R1 SRI.TERRY V.JAMES FOR R1 SRI.B.J.JOHN PRAKASH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 6664 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2010 J U D G M E N T The petitioner is presently working as a field worker in the Kodumon estate belonging to the Plantation Corporation of Kerala. On account of his physical ailment, as evidenced by Exts.P5 and P6 certificates, the petitioner has been requesting before the authorities for a category change or for providing him work involving light duties. He submitted Ext.P10 representation dated 9.11.2009 before the first respondent. It was the delay in considering the said representation that constrained the petitioner to approach this Court by filing this writ petition. During the pendency of this writ petition, the petitioner has submitted yet another representation before the first respondent and the same is produced along with I.A. No.3759 of 2010, as Ext.P11. The petitioner submits that he has incorporated all his grievances in Ext.P11 and the respondents may be directed to consider Ext.P11 expeditiously. 2. It is true that requests pertaining to category change or to provide light duties by an employee on account of physical ailment, are matters for consideration of the concerned employer. However, when medical certificates are produced by an employee, after being subjected to examination by a competent medical board, carrying recommendation WPC. No.6664/2010 : 2 : for assignment of such duties, it cannot be ignored. In this case, the petitioner has produced Exts.P5 and P6 medical certificates. He has also explained the difficulties experienced by him and the circumstances under which he claims for a category change or for providing light duties. In the above circumstances, the first respondent is directed to consider Ext.P11 expeditiously and pass orders thereon within a period of one month form the date of receipt of a copy of this judgment. Considering the claim put forth by the petitioner in his representation, it will only be appropriate to afford him an opportunity of personal hearing. The writ petition is disposed of as above. C.T. RAVIKUMAR, JUDGE vps