IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 21112 of 2011(L) ------------------------------------ PETITIONER(S): ------------------------- S.BIJU, S/O.ABDUL SHUKOOR, MELETHIL VEEDU, PAYYACODU, OYOOR P.O., KOLLAM DISTRICT. (CONDUCTOR, CHADAYAMANGALAM DEPOT). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695023. 2. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHADAYAMN DEPOT, VAIKOM, KOTTAYAM DISTRICT-686141. ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21112 of 2011(L) 2 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF WOUND CERTIFICATE DATED 10.1.2007 ISSUED FROM THE GOVERNMENT HOSPITAL KOTTARAKARA. EXT.P2: TRUE COPY OF WOUND CERTIFICATE DATED 19.1.2007 ISSUED FROM THE ANANTHAPURI HOSPITAL. EXT.P3: TRUE COPY OF TREATMENT CERTIFICATE DATED 26.2.2007 ISSUED FROM THE ANANTHAPURI HOSPITAL. EXT.P4: TRUE COPY OF TREATMENT CERTIFICATE DATED 14.5.2008 ISSUED FROM THE ANANTHAPURI HOSPITAL. EXT.P5: TRUE COPY OF MEMORANDUM NO.PL 12/003373 DATED 17.3.2008 ISSUED FROM THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF DISABILITY CERTIFICATE DATED 3.12.2010 ISSUED FROM THE MEDICAL BOARD. EXT.P7: TRUE COPY OF MEMO NO.E1/269/11/CDLM DATED 29.3.2011 ISSUED FROM THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF REPRESENTATION DATED 20.4.2011 OF THE PETITIONER SENT TO KSRTC. EXT.P9: TRUE COPY OF JUDGMENT DATED 23/5/2011 IN WP(C) NO.13039 OF 2011 WP(C).No. 21112 of 2011(L) 3 EXT.P10: TRUE COPY OF MEMO NO.E1/1482/11/CDLM DATED 3.6.2011 ISSUED FROM THE 2ND RESPONDENT. EXT.P11: TRUE COPY OF MEMO NO.PL /15/015263/2011 DATED 25.7.2011 ISSUED FROM THE 1ST RESPONDENT. EXT.P12: TRUE COPY OF MEMO NO.E1/1482/11/CDLM DATED 28.7.2011 ISSUED FROM THE 2ND RESPONDENT. EXT.P13: TRUE COPY OF JUDGMENT DATED 3/8/2006 IN WP(C) NO.33858 OF 2005 OF THIS HON'BLE COURT. EXT.P14: TRUE COPY OF ORDER DATED 1.2.2010 IN WP(C) NO.21081 OF 2009 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS:-NIL //TRUE COPY// P.A TO JUDGE HARUN-UL-RASHID, J. ------------------------------- W.P.(C).No.21112 Of 2011 -------------------------------- Dated this the 24th day of August, 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P11 and P12 order and for a declaration that the petitioner is entitled to suitable alternative employment in the respondent corporation and for other incidental reliefs. 2. The petitioner submits that he is a handicapped person with 50% permanent physical disability and therefore entitled to alternate employment. While in service the petitioner met with a major motor vehicle accident on 10.1.2007. Ext.P1 is the wound certificate. Ext.P2 is the treatment certificate issued from the Ananthapuri Hospital dated 19.1.2007. It is stated in Ext.P2 that the patient is now unconscious and is in Neuro Surgical I.C.U care and that he has severe head injury with diffuse axonal brain injury and Multiple Orbito W.P.(C).No.21112 Of 2011 2 facial fractures and he needs ICU care and intensive supportive care for next six weeks. Ext P3 is another treatment certificate issued by the same hospital. The injury noted are RTA, diffuse axonal injury, fracture (R) zygoma, fracture(R) orbital lateral wall. Ext.P4 is another certificate issued by the same hospital were the same injuries are noted. The petitioner submits that even after expert treatment the petitioner is suffering from paralysis of his right side body and that his right hand and leg became immobile. Considering the physical disability of the petitioner and his inability to work as conductor, the respondent Corporation posted him to light duty at Chadayamangalam Depot initially for a period of 6 months from 17.3.2008. Thereafter the Corporation allowed periodical extension of light duty to the petitioner from time to time. Ext.P6 is the disability certificate issued by the District Hospital, Kollam, dated W.P.(C).No.21112 Of 2011 3 3.12.2010 certifying that the petitioner is handicapped by Hemiparesis on right side of his body and is having 50% permanent disability. Ext.P10 is the copy of the memo by which the Corporation permitted the petitioner to continue light duty in the Store Section. 3. In the light of the aforesaid documents the petitioner claims that he is entitled to suitable alternate employment in the respondent corporation and other benefits under Section 47(1) of the Persons With Disabilities Act. The learned standing counsel for the Corporation submitted that the present light duty arrangement will not be disturbed till a final decision is taken. The petitioner is also free to apply for category change if for any reason the respondent Corporation is of the view that he is not entitled to light duty arrangement. In the light of the submission made by the counsel W.P.(C).No.21112 Of 2011 4 for the 1 st respondent the writ petition is disposed of directing the petitioner to subject himself to medical examination by the medical board under the director of Helth Service, Thiruvananthapuram within two weeks from today. The first respondent corporation shall after considering the report of the medical board shall pass appropriate orders after affording an opportunity of being heard to the petitioner within a period of one month thereafter. HARUN-UL-RASHID, Judge. mns/-