IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 9722 of 2009(I) ------------------------- PETITIONER(S): --------------- M.VIJAYAN, (P.D.TEACHER, G.M.U.P.SCHOOL, MEENADATHUR, TANUR SUB DISTRICT), RESIDING AT MADATHIL HOUSE, KAYANNA BAZAR P.O., PERAMBRA VIA, CALICUT DISTRICT. BY ADV. SRI.MARTIN G.THOTTAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT, MALAPPURAM. MR.T.T.MAHMOOD, GOVERNMENT PLEADER FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9722/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SERVICE CERTIFICATE DATED 28/08/2008 ISSUED BY THE HEADMISTRESS OF G.M.U.P. SCHOOL, MEENADATHUR. P2 : COPY OF THE PROCEEDIGNS OF THE MEDICAL BOARD DATED 09/07/08 CERTIFYING THE PETITIONER'S DISABILITY. P3 : COPY OF THE REPRESENTATION DATED 03/11/2008 SUBMITTED BY THE PETITIONER TO R1. P4 : COPY OF ORDER NO.S.U.(MS) NO.43/2010/PROV. DATED 20/03/2010. //TRUE COPY// PA TO JUDGE. jg K.T.SANKARAN, J. ------------------------------ W.P.(C).No.9722 OF 2009 ------------------------------ Dated this the 26th day of October, 2010 JUDGMENT The reliefs prayed for in the Writ Petition are, to declare that the petitioner is entitled to be kept in a supernumerary post until a suitable post is available based on his fitness or attaining the age of superannuation as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection Rights and Full Participation) Act, 1995 and also to direct the respondents to disburse salary to the petitioner on the basis of the above declaration. 2. An interim order dated 7.12.2009 was passed, which reads as follows: “Heard the learned counsel for the petitioner and the learned Government Pleader. 2. In spite of the directions issued by this Court, so far the respondents have not filed a counter affidavit. It is a W.P.(C).No.9722 OF 2009 2 case where the petitioner who was working as Primary Department Teacher, met with an accident on 4.1.2008. Petitioner is totally disabled as a result of the serious injuries sustained by him in the said accident. 3. The petitioner is relying upon Section 47 of the Persons with Disabilities (Equal Opportunities, Protection Rights and Full Participation) Act, 1995 to contend for the position that the petitioner is entitled to be kept on a supernumerary post until a suitable post is available or attaining the age of superannuation. The said provision reads as follows: "47. Non-discrimination in Government employment- (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier" 4. Even though Ext.P3 representation has been filed by the petitioner long back on 3.11.2008, no action has been taken in the matter. Therefore, there will be a direction to the 1st respondent to consider the claim of the petitioner under Section 47 of the W.P.(C).No.9722 OF 2009 3 Persons with Disabilities (Equal Opportunities, Protection Rights and Full Participation) Act, 1995 and to create a supernumerary post for his accommodation and appropriate orders will be passed within a period of two months from the date of receipt of a copy of this interim order.” 3.Pursuant to the interim order referred to above, the Government issued Ext.P4 order, G.O.(MS) No.43/2010/G.Edn. Dated 20.3.2010. 4. In view of Ext.P4 order, the grievance of the petitioner to some extent is redressed. Learned counsel for the petitioner submitted that the Writ Petition can be closed recording Ext.P4 order and also holding that the petitioner is entitled to get Ext.P4 order implemented. The learned Government Pleader submitted that Ext.P4 will be duly implemented. This submission is recorded. No further orders are required in this Writ Petition. W.P.(C).No.9722 OF 2009 4 The Writ Petition is accordingly, closed, recording the submission made by the learned Government Pleader on the basis of Ext.P4. K.T.SANKARAN, JUDGE cms