IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 17248 of 2007(C) ------------------------------------- PETITIONER : ------------------ K.MANOHARAN NAIR, AGED 53 YEARS, RESIDING AT TC 50/1636, KUNCHU VEEDU, THALIYAL, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.K.L.NARASIMHAN SRI.N.KRISHNA PRASAD RESPONDENTS : ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IN CHARGE OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRESIDENT, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM. 4. THE DEVASWOM COMMISSIONER, IN CHARGE OF THIRUVANANTHAPURAM, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING, NANTHANCODE, THIRUVANANTHAPURAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS - R2 TO R4 SRI.NAGARAJ NARAYANAN, SC, TDB - R2 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17248 of 2007(C) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 DATED 22.11.1988: TRUE COPY OF THE APPOINTMENT LETTER ISSUED TO THE PETITIONER EXT.P2 DATED 01.03.1991: TRUE COPY OF THE LETTER POSTING THE PETITIONER ON A FULL TIME BASIS EXT.P3 DATED 22.12.1999: TRUE COPY OF THE REFERRAL O.P. ISSUED BY THE GOVERNMENT MEDICAL COLLEGE, TRIVANDRUM EXT.P4 DATED 12.06.2000: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MEMBER AND PRESIDENT OF TRAVANCORE DEVASWOM BOARD EXT.P5 DATED 27.06.2000: TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT EXT.P6 DATED 17.09.2002: TRUE COPY OF THE LETTER FORWARDED BY ASSISTANT DEVASWOM COMMISIONER FORWARDING THE DOCUMENTS OF THE PETITIONER EXT.P7 DATED 09.09.2002: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.NEELAKANTA DAS DECLARING THE PETITIONER UNFIT TO CONTINUE FOR JOB. EXT.P8 DATED 04.08.2002: TRUE COPY OF THE RECOMMENDATION FORWARDED BY THE SUB GROUP OFFICER, SREEVARAHAM DEVASWOM EXT.P9 DATED 12.08.2002: TRUE COPY OF THE LETTER ADDRESSED TO 4TH RESPONDENT THAT DEVASWOM COMMISSIONER THIRUVANANTHAPURAM EXPLAINING THE DIFFFICULTIES FACED BY THE PETITIONER EXT.P10 DATED 11.10.2002: TRUE COPY OF THE LETTER ISSUED BY 4TH RESPONDENT TO THE ASSISTANT DEVASWOM COMMISSIONER EXT.P11 DATED 29.09.2003 : TRUE COPY OF THE MEDICAL BOARD CERTIFICATE ISSUED BY THE CONCERNED MEDICAL BOARD EXT.P12 DATED 07.10.2003: TRUE COPY OF THE LETTER FORWARDING THE MEDICAL BOARD CERTIFICATE TO THE ASSISTANT DEVASWOM COMMISSIOENR BY THE SUB GROUP OFFICER EXT.P13 DATED 19.07.2006: TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM GOVERNMENT GENERAL HOSPITAL WP(C).No. 17248 of 2007(C) EXT.P14 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENR IN JULY 2005 EXT.P15 DATED 07.08.2006: TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM SREE RAMAKRISHNA HOSPITAL. RESPONDENTS EXHIBITS:- EXT.R3(a):- TRUE COPY OF THE NOTIFICATION DATED 20.11.2006 IN RESPECT OF DISABILITY/INVALID PENSION SCHEME. -TRUE COPY- P.A. TO JUDGE pac V.GIRI,J. ------------------------- W.P ( C) No.17248 of 2007 -------------------------- Dated this the 16th July, 2008 J U D G M E N T Petitioner is working as Panchavadyam Performer in the Punnapuram Krishnan Kovil at Trivandrum. According to him, he was injured in an accident that took place on 19.12.1999, when he was actually on duty in the temple premises. He was admitted to the Government Medical College Hospital in Trivandrum and according to him, he was subjected to chest pain. He finds it difficult to play the Panchavadyam instrument. He therefore sought for a category change by way of appointment as Peon. The stand taken by the Devaswom Board is that there is no vacancy in the post of Peon. Devaswom Rules do not permit the petitioner ‘s claim to be considered. 2. In my view, if there is a genuine disability incurred by a person in discharging the duties assigned to him or which is assigned to the post as such, the Board shall look into the question as to whether he can be W.P ( C) No.17248 of 2008 2 fruitfully employed in another post of equated category, especially where there is no additional financial commitment incurred by the Board. Petitioner is due to retire in November, 2008. 3. In the circumstances, the Board shall consider Exhibits P4 and P14 representations and take a decision thereon within a period of one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of the writ petition along with copy of this judgment before the Board for compliance. (V.GIRI, JUDGE) ma W.P ( C) No.17248 of 2008 3 (V.GIRI, JUDGE) ma W.P ( C) No.17248 of 2008 4 W.P ( C) No.17248 of 2008 5 W.P ( C) No.17248 of 2008 6 W.P ( C) No.17248 of 2008 7 W.P ( C) No.17248 of 2008 8