IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 17771 of 2007(N) --------------------------------------- PETITIONER: ------------------ N.A. NASSIR, S/O. ABDULLA, AGED 30 YEARS, MANAYIL HOUSE, NUMBELIPARAMBIL, PANAYIKULAM, ALUVA-683 511. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENTS: ------------------------ 1. TRAVANCORE COCHIN CHEMICALS LTD., UDYOGAMANDAL, KOCHI-683 501, REPRESENTED BY ITS MANAGING DIRECTOR. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, MINISTRY OF SOCIAL WELFARE (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. MINISTRY OF INDUSTRIES DEPARTMENT, REPRESENTED BY ITS SECRETARY, STATE OF KERALA, THIRUVANANTHAPURAM. 4. PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM. 5. THE CHIEF COMMISSIONER, OFFICE OF THE COMMISSIONERATE FOR THE HANDICAPPED PERSON, ROOM NO.113, SECRETARIAT ANNEX THIRUVANANTHAPURAM. BY ADV. SRI.E.K.NANDAKUMAR - R1 SRI.A.M.SHAFFIQUE, SC SRI.ALEXANDER THOMAS , SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 17771/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MEDICAL CERTIFICATE SHOWING THE DISABILITY OF PETITIONER. EXT.P2:- COPY OF THE G.O.(MS) NO.27/03 SWD ISSUED BY THE 2ND RESPONDENT ON 23.6.2003. EXT.P3:- COPY OF THE LETTER NO.23325/H2/2004/ID DT. 8.10.2004. EXT.P4:- COPY OF THE INTIMATION ISSUED VIDE REFERENCE NI.1077/S2/03/SCPWD DT. 12.7.2005 FROM THE OFFICE OF THE 5TH RESPONDENT TO THE PERSONAL MANAGER OF IST RESPONDENT. EXT.P5:- COPY OF THE G.O.(MS) NO.17/2006/SWD DT. 22.2.2006. EXT.P6:- COPY OF THE LETTER ISSUED FROM THE OFFICE OF 3RD RESPONDENT VIDE REFERENCE NO.32439/G2/06/IND DT. 6.3.2007. EXT.P7:- COPY OF THE REPRESENTATION DT. 2.4.2007 PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS EXT.R1(a):- COPY OF THE ORDER DT. 22.7.2007 OF THE GOVERNMENT. /TRUE COPY/ P.S. TO JUDGE tss V.GIRI, J. ------------------------- W.P.(C).No.17771 of 2007 N ------------------------- Dated this the 6th day of June, 2008. JUDGMENT The petitioner, who is a physically handicapped person, having 75% disability, has approached this court seeking a direction to the 1st respondent to ensure that appointments are effected in the 1st respondent company, which is a public sector undertaking, in such a manner that provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 {for short “the Act”} are complied with. The petitioner submits that 3% of the total vacancies in different posts in the company will have to be filled up by Physically handicapped persons. That has not been done by the 1st respondent, it is contended. 2. A detailed counter affidavit has been filed by the 1st respondent. It is specifically averred therein that, being an undertaking under the Government of Kerala, the 1st respondent is aware of the fact that it is bound to reserve 3% of the existing and future vacancies of all appointments, in accordance with the Act and Ext.P5 W.P.(C).NO.17771/07 :: 2 :: Government Order. There has not been no recruitment of fresh staff in the Corporation since the year 2000 for the reason that the company is facing losses since 1997-98. The appointments made from 2000 till June, 2007 are only on compassionate grounds or appointments made pursuant to vacancies notified prior to the coming into force of the Act. In this regard, reference is made to Ext.R1(a). The counter affidavit also makes specific reference to the notification of 8 vacancies of typists/clerks and 4 vacancies of Junior Assistants as vacancies reserved for Physically handicapped persons, as evidenced by Ext.R1(b) and R1(c). There is a categoric assertion by the 1st respondent that it is ensuring that 3% of the vacancies in identified posts on the basis of the present strength of the staff of the respondent corporation is filled up with physically handicapped persons. In this connection, paragraph 4 of the counter affidavit is relevant and it is extracted hereunder: “So far as workmen in the plants are concerned, it is submitted that as already stated above, the 1st respondent company W.P.(C).NO.17771/07 :: 3 :: is a Major Hazardous Industry and are engaged in the manufacture of hazardous and toxic chemicals and the nature of functions required of a workman cannot be performed without substantial risk to life by a physically handicapped person even to a small extent of handicap. It is therefore, submitted that it has been the consistent policy of the 1st respondent company to avoid engagement of physically handicapped workmen in the plants. It is therefore, submitted that with the reporting of vacancies as evident from Exhibits R1(b) and R1(c), it is evident that the respondent company is strictly following the norms for reservation of physically handicapped persons in such posts wherein they are able to discharge the duties attached to such posts satisfactorily. It is further submitted that, as a matter of fact, the 1st respondent has been following the directives issued by the department of planning and economic affairs in the matter of reservation of posts for physically handicapped persons. True W.P.(C).NO.17771/07 :: 4 :: copy of the order dated 25.5.1984 issued by the Department of Planning and Economic Affairs, Government of Kerala is produced and marked as Exhibit R1(d). It is therefore, submitted that the 1st respondent has been consistently following the norms for reservation to physically handicapped persons issued from time to time and there is no reason for the petitioner to contend otherwise.” In the circumstances, I do not find any reason to issue any direction, as such, to the 1st respondent. In the result, the writ petition is closed recording the stand taken by the 1st respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge