IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 20171 of 2010(V) -------------------------- PETITIONER(S): --------------- SHIBUMON P.R., OFFICE ATTENDANT GRADE-II, K.S.E.B. ELECTRICAL DIVISION, THODUPUZHA, IDUKKI DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD (K.S.E.B.IN SHORT), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M), K.S.E.B., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. SC FOR KSEB SRI. K.S. ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.20171 OF 2010 (V) -------------------------------------------------- Dated this the 29th day of June, 2010 J U D G M E N T Petitioner was appointed as Sub Engineer (Civil ) in the Mechanical Sub Division of the Lower Periyar Hydro Electric Project in 1997. The appointment was on a provisional basis and for a period of 179 days. On completion of the term of appointment the petitioner was discharged from service. Subsequently, he claimed reinstatement and pursuant to the directions of this court in Ext.P6 judgment, petitioner was appointed as Office Attendant Grd.II as per Ext.P7 order dated 10.12.2002. Thereafter he submitted Exts.P8, P9 and P10 representations, where he sought category change and appointment as Sub Engineer, from which post he was discharged from service initially. Representations were not considered and therefore WP(c).No.2473/2010 was filed. That writ petition was disposed of by Ext.P13 judgment directing consideration of the representations. The matter was considered and by Ext.P15 the request was turned down. Ext.P15, to the extent it is relevant, reads as under. WPC.No.20171 /2010 :2 : “The petitioner Sri. Shibumon claimed re- appointment in the Board on the basis of Government Orders dated 28.9.1998 as he was in the Board's service during 13.01.1997 to 10.7.1997. At the time of provisional appointment for 179 days, there were no reference to his physical disability in the list received from the Employment Exchange. Had the petitioner and District Employment Officer revealed the fact that the petitioner is a handicapped candidate, his candidature would not have been considered for the post of Sub Engineer(Civil)(provisional). The petitioner secured provisional appointment in K.S.E. Board by suppressing the fact that he is a physically handicapped person as physically handicapped persons are not eligible for appointment to any executive posts in KSE Board. Further, the disability certificate produced by him revealed that his left eye is blind and the vision of right eye is less that 6/60 and that he is 75% handicapped. Since the appointment to the Executive posts of Civil Branches are made for supervision and execution of Civil Construction and maintenance works, he cannot satisfactorily discharge the duties assigned to the post of Sub Engineer(Civil) due to the sole reason that he is having 75% disability in his eye sight. Moreover as per existing Board orders, the said concession will not apply for appointment to all executive posts in Electrical and Civil Branches in the Board. The post of Sub Engineer(Civil) is one of the posts which is included in the Executive post of Civil Wing. In view of the direction of the Hon'ble Court in WP(c). No.7851/2000, he was given appointment as Office Attendant Grd.II in the Board vide order NO.EB.5(a)/36/2002 dated 10.12.2002 of the Chief Engineer(HRM). WPC.No.20171 /2010 :3 : The prayer of the petitioner is to give appointment in the cadre of Sub Engineer(Civil). The request was examined with Board Orders/Circulars, in which the physically handicapped persons will not be considered for appointment in executive posts in Electrical and Civil Wing. The duties delegated to the Executive posts of Civil Branches are supervision and execution of Civil Construction and maintenance works. A person with left eye blind and right eye with vision 6/60 (Total 75% vision handicapped) cannot satisfactorily discharge the duties assigned to the post of Sub Engineer(Civil).” 2. It is challenging Ext.P15 order, this writ petition is filed. 3. The first contention raised by the counsel for the petitioner is that the petitioner ought to have been reinstated in the post from which he was discharged. Therefore according to the learned counsel his appointment by Ext.P7 as Office Attendant Grd.II is illegal and he ought to have been appointed as Sub Engineer. 4. In my view, this claim of the petitioner is highly belated. Ext.P7 order of appointment was issued on 10.12.2002. Exts.P8, P9 and P10 representations claiming category change are dated 5.1.2010, 16.6.2008 and 22.4.2009 respectively. Therefore, even the first representation seeking category change was made after 6 years of appointment. That apart, if such category change is WPC.No.20171 /2010 :4 : allowed, seniority of those in the category of Sub Engineer will be adversely affected. Therefore, at this distance of time this claim is highly belated and cannot be considered . 5. The second contention raised by the petitioner is that he is entitled to the benefit of the provisions in 'The Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act 1995'. This claim is raised based on the contention that the petitioner is a visually handicapped person. Ext.P14 is the order issued by the respondents earmarking posts for accommodating employees in the 3% reservation provided in the Act. Admittedly, post of Sub Engineer is not an identified post. There is no provision enabling a person to claim any post other than the post identified under Section 32 of the Act and if so, petitioner cannot have any claim for Sub Engineer's post. Counsel contended that since Assistant Engineer is a post higher to Sub Engineer and since Assistant Engineer post is an identified post, petitioner can be posted to the Sub Engineer post. This claim also has to be rejected for the reason that there is no provision in the Act, to substantiate this claim. WPC.No.20171 /2010 :5 : Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/