IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 7396 of 2004(E) ------------------------- PETITIONER: ------------ K.P.JOHN, KALLUMKOOTTATHIL HOUSE, POOTHRIKKA, PUTHENCRUZ P.O., ERNAKULAM DISTRICT BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY MANAGING DIRECTOR, TRANSPORT BHAVAN, K.S.R.T.C., THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, TRANSPORT BHAVAN, K.S.R.T.C., THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR PERSON WITH DISABILITY, STATE COMMISSIONERATE, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.5.2008 , THE COURT ON 29/05/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 ACCIDENT REPORT DT 17.8.96. P2 DISABILITY CERTIFICATE DT 8.6.98. P3 JUDGMENT IN OP.6370/01 DT 23.8.01. P4 REPRESENTATION DT 1.8.03 TO R2. P5 COMPLAINT DT 27.10.03 TO R3. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 7396 OF 2004 E ```````````````````````````````````````````````````` Dated this the 29th day of May, 2008 J U D G M E N T Petitioner's case in brief is as follows. The petitioner retired from service on 30.4.2000 from the respondent Corporation. While in service, the petitioner had met with an accident and his right leg was amputated. Ext.P2 is the disability certificate. The petitioner relies on section 47 of the Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which 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: WPC.7396/04 : 2 : 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.” 2. According to the petitioner, after the accident he became unfit for the duty of driver. The respondent Corporation was bound to post the petitioner in a suitable post with the same pay scale and service benefits and in terms of the second proviso to section 47(1) of the Act. If the aforesaid was not possible, he ought to have been kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier, he submits. But, in this case, it is not done, he complains. The petitioner was paid full salary for the months of October to November 1996 and half salary from December 1996 to July 1998. He preferred Ext.P4 representation before the 2nd respondent. Ext.P5 is a complaint filed by the petitioner under section 62 of the Act before the 3rd respondent. Counter is filed on behalf of the respondents, wherein it is, inter alia, WPC.7396/04 : 3 : stated that - “ 3. The petitioner was a driver in the service of the KSRTC at Muvattupuzha depot. He was transferred to Kasaragod for a period of one year on administrative ground. While continuing in the service at Kasaragod depot he met with an accident on 4.8.1996 and sustained major injuries and became disabled to perform any kind of duty in the Corporation. In his representation it was clearly stated that he has become permanently and totally disabled. The State Medical Board has also assessed his disability at 100%. Corporation has sanctioned the following: (a) Leave salary at full rate from 5.8.96 to 11.5.99 by sanctioning disability leave. (b) Full salary for the period 12.5.97 to 3.6.97 by treating the period as duty. (c) Salary for the period from 26.6.97 to 4.8.98 has been sanctioned by granting special disability leave. (d) Full pay leave has been sanctioned from 5.8.98 to 29.8.98 and salary paid. (e) Salary has been paid from 30.8.98 to 5.9.98 by granting HPL. 4. Thereafter the petitioner became totally disabled and not attended in the office for any kind of job till 24.4.2000. On 25.4.2000 he reported WPC.7396/04 : 4 : before the District Transport Officer, Muvattupuzha. Corporation has taken humanitarian consideration and permitted the petitioner to join duty and to retire from service on 30.4.2000 on superannuation. All the retirement benefits were sanctioned to him in accordance with the Rules existed then.” 3. The petitioner has filed a reply affidavit also. The learned Government Pleader submits that action was, in fact, being taken on Ext.P5. 4. In view of the facts, as Ext.P5 is pending before the statutory authority, who has to take a decision in accordance with law on the same, there will be a direction to the 3rd respondent to consider and take a decision on Ext.P5 in accordance with law, after affording an opportunity to hear the petitioner and the 2nd respondent, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks