IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30381 of 2011(W) -------------------------- PETITIONER: --------------- G.RAJENDRA BABU, SOUPARNIKA, VEMBANOOR SASTHA ROAD, VEDIVECHANCOVIL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.K.A.ABDUL SALAM MR.KASHA K.MALAYAN MR.SUNIL V.MOHAMMED RESPONDENTS: --------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 001. 2. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAKKADA DIVISION, KATTAKKADA P.O., THIRUVANANTHAPURAM-695 001. ADV.MR.BABU JOSEPH KURUVATHAZHA, SC FOR KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30381 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: OUTPATIENT RECORD DTD. 22.6.2010. EXT.P2: CERTIFICATE OF THE DEPARTMENT OF ORTHOPEDICS, MEDICAL COLLEGE. EXT.P3: CERTIFICATE DTD. 23.7.2011 OF THE MEDICAL BOARD BY THE CHAIRMAN, DISTRICT MEDICAL OFFICE OF HEALTH, THIRUVANANTHAPURAM. EXT.P4: MEMO DTD. 24.8.2011 OF R2. EXT.P5: REPRESENTATION ON 4.11.2011 THROUGH PROPER CHANNEL TO R1 WITH ALL MEDICAL CERTIFICATE. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.30381 Of 2011 ---------------------- Dated this the 15th day of November, 2011. J U D G M E N T Heard the learned counsel for the petitioner and standing counsel for the corporation. 2. The writ petition is filed for a declaration that the petitioner is entitled to continue in light duty service in Kattakkada K.S.R.T.C Division under respondents or any other place under the corporation as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and for a direction commanding the 1st respondent to consider and pass appropriate orders on Ext.P5 representation on merits allowing him to perform light duty service till he attains superannuation. 3. It is averred in the writ petition that the petitioner had completed 32 years of service in the corporation including temporary service and that he has only 18 months to retire on superannuation. 4. The petitioner is suffering from back pain with radiation to right lover limb due to inter vertebral disc prolapse. ::2:: W.P.(C).No.30381 Of 2011 The copy of the outpatient record dated 22.6.2010 is produced as Ext.P1. Ext.P2 is the copy of the certificate issued by the Department of Orthopedics, Medical College. Ext.P3 is dated 23.7.2011 issued by the Medical Board. The Medical Board certified that the petitioner is suffering from inter vertebral disc prolapse. Based on Ext.P3 Medical Certificate, the 2nd respondent by memo dated 24.8.2011 issued proceedings granting light duty posting in the store of the Kattakkada Division, K.S.R.T.C. Ext.P4 is the copy of the said memo. The grievance of the petitioner is that the respondents granted only three months light duty posting from 24.8.2011 to 22.11.2011 and that the 2nd respondent is not passing orders permitting the petitioner to perform light duty after 22.11.2011. The petitioner submits that he is continuing his treatment and his ailment is not cured till date and therefore, he is unable to work as a conductor. The petitioner submitted Ext.P5 representation before the 1st respondent dated 4.11.11 for extension of his light duty post. It is submitted that so far no orders have been passed in Ext.P5 representation. ::3:: W.P.(C).No.30381 Of 2011 5. From the records produced by the petitioner including the treatment records and certificates it is revealed that the petitioner suffers from illness referred to in the preceding paragraphs. The very fact that the respondent Corporation allowed him to do light duty as per Ext.P4 memo is also an indication that the petitioner is suffering from inter vertebral disc prolapse and that he is in continued treatment. Therefore, the request of the petitioner that he may be permitted to continue to do the light duty is justified. In these circumstances, this Court direct the 1st respondent Corporation to consider and pass appropriate orders on Ext.P5 representation, within a period of two months from the date of receipt of a copy of this judgment. The 1st respondent shall permit the petitioner to continue in the light duty post till the disposal of Ext.P5 representation. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-