IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 30408 of 2011(A) -------------------------------------- PETITIONER(S): --------------------- SHAIJU C.S., S/O. R.SADANANDAN, CC 21/2058, CHAANAYIL HOUSE, NELSON MANDELA ROAD, PALLURUTHY, KOCHI-6. BY ADV. SRI.G.KRISHNAKUMAR SRI.B.S.SURAJ KRISHNA SMT.PRIYA S.SHENOY (KOCHI) SRI.P.H.SHAJI (THRIKKAKARA) SRI.TITTO THOMAS RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 001. 2. DISTRICT TRANSPORT OFFICER, K.S.R.T.C.ERNAKULAM DEPOT., ERNAKULAM-682 035. 3. STATION MASTER, K.S.R.T.C.,ERNAKULAM DEPOT., ERNAKULAM-682 035. BY ADV SRI. BABU JOSEPH KURUVATHAZHE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE MEDICAL CERTIFICATE DTD.8.3.11 ISSUED BY THE MEDICAL BOARD OF GENERAL HOSPITAL, ERNAKULAM. EXT.P2 : TRUE COPY OF THE REPRESENTATION DTD.19.8.11 PREFERRED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2. RESPONDENTS' EXHIBITS NIL TRUE COPY P.S. TO JUDGE SD HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.30408 Of 2011 ---------------------- Dated this the 24th day of November, 2011. J U D G M E N T The writ petition is filed seeking a direction commanding the respondents to allot light duty work to the petitioner with immediate effect with all his service benefits due and for a declaration that the petitioner is entitled to salary and all the service benefits without considering his break in duty due from 7/2011 due to non-allotment of duty by the respondents. 2. Heard the learned counsel for the petitioner and standing counsel for respondents. 3. The petitioner is working as a driver of the Bangalore A/c Coach Bus in the Ernakulam depot. It is averred in the writ petition that on 27.10.2010 he met with an accident, his knee of right leg was operated and was on leave from 27.10.2010 to 2.11.2011 in connection with the surgery and treatment. Considering the disability, the petitioner was allotted work in the store as other duty from 25.2.2011. It is pointed out that the Medical Board attached to the General Hospital, Ernakulam ::2:: W.P.(C).No.30408 Of 2011 certified that the petitioner has difficulty for sitting and climbing stairs hence he may be given light duty for one year from 8.3.2011. 4. Ext.P1 is the copy of the Medical Certificate dated 8.3.2011. The petitioner submits that he was relieved from the duty on 1.7.2011. Though he requested the respondents for extension of light duty, respondents either allotted light duty or extended the light duty already allotted to him. The petitioner also submits that since, the petitioner was not allotted any light duty after he was relieved on 1.7.2011 from the store, he is not in a position to re-join duty. The petitioner submitted Ext.P2 representation dated 9.8.2011 requesting respondents 1 & 2 to allot him light duty. The petitioner has detailed his grievances in Ext.P2 representation and requested the respondents to allot him light duty and all benefits due with retrospective effect as he could not re-join duty. 5. From the facts, circumstances and materials produced, it is revealed that the petitioner suffers from the illness referred to in the preceding paragraphs. In these circumstances, the ::3:: W.P.(C).No.30408 Of 2011 request of the petitioner that he may be permitted to continue the light duty is reasonable. Accordingly, the writ petition is disposed of with a direction to respondents 1 & 2 to consider and pass appropriate orders on Ext.P2 representation, within a period of two weeks from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-