IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 15539 of 2007(Y) --------------------------------------- PETITIONER: ------------------- SHAJIL, AGED 30 YEARS S/O.P.V.VIJAYAN YADU NIVAS, KIZHUNNA.P.O. KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN, SRI.TOJAN J. VATHIKULAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE COMMANDANT, KAP 4TH BATTALION, MANGATTUPARAMBA, KANNUR. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15539/2007-Y: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER BEARING B.O. NO. 491/98-KAP 4 DTD. 08/12/1998 ISSUED BY THE R.3. EXT.P2: COPY OF THE PASSPORT FOR MEN REQUIRING MEDICAL TREATMENT ISSUED TO THE PETITIONER DIRECTING TO REPORT BEFORE THE MEDICAL OFFICER, GOVERNMENT HOSPITAL, TALIPARAMBA FOR TREATMENT DTD. 06/04/1999. EXT.P.3: COPY OF THE ABOVE DISCHARGE CERTIFICATE ISSUED FROM THE HOSPITAL. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 19/07/1999 ISSUED BY THE R.3. EXT.P.5: COPY OF THE REPRESENTATION DTD. 29/07/1999. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY DR C.M. KUMARAN OF THE ACADEMY OF MEDICAL SCIENCES, PARIYARAM DTD. 09/10/1999. EXT.P.7: COPY OF THE COMMUNICATION DTD. 01/03/2000 ISSUED BY THE R.3. EXT.P.8: COPY OF THE CERTIFICATE ISSUED BY DR. S. VENKAT OF THE S.K.V. UNITED HOSPITALS LTD., DTD. 07/03/2000. EXT.P.9: COPY OF THE REPRESENTATION DTD. 28/04/2000. EXT.P.10: COPY OF THE REPRESENTATION DTD. 01/10/2002 BEFORE THE R.1. EXT.P.11: COPY OF THE CERTIFICATE ISSUED BY THE CIVIL SURGEON OF DISTRICT HOSPITAL, KANNUR DTD. 19/06/2003. EXT.P.12: COPY OF THE PETITION THE DEPUTY COLLECTOR HAS ISSUED A COMMUNICATION TO THE PETITIONER STATING THAT NECESSARY COMMUNICATION HAS BEEN FORWARDED TO THE D.G.P RECORDING NO OBJECTION FOR GRANTING APPOINMENT BY CATEGORY CHANGE TO THE PETITIONER. EXT.P.13: COPY OF THE REPRESENTATION BEFORE THE ADDITIONAL SECRETARY OF THE CHIEF MINISTERS PUBLIC RELATIONS CELL REQUESTING FURTHER ACTION IN THE MATTER OF APPOINTMENT TO THE PETITIONER BY CATEGORY CHANGE DTD. 05/05/2005. EXT.P.14: COPY OF THE COMMUNIATION ISSUED BY THE R.1. TO THE R.2. BEARING NO. 33621/A1/05/HOME DTD. 22/09/2005. W.P.(C). NO.15539/2007-Y: EXT.P.15: COPY OF THE CERTIFICATE DTD. 03/06/2006 ISSUED BY THE MEDICAL BOARD. EXT.P.16: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE NODAL OFFICER OF THE KAP 4TH BATALION REQUESTING TO INFORM THE DECISION OF THE GOVERNMENT N THE MATTER OF APPOINTMENT TO THE PETITIONER DTD. 14/03/2007. EXT.P.17: COPY OF THE COMMUNICATION DTD. 27/03/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. V.GIRI, J. ------------------------- W.P.(C).No.15539 of 2007 ------------------------- Dated this the 10th day of January, 2008. JUDGMENT The petitioner was advised to the post of Police Constable and had been deputed for a mandatory training. He suffered an injury on his thigh in the course of the training and has become orthopaedically handicapped by the alleged non-union of the femur with a partial disability on the right bone and consequently, a shortening of the leg by 3 cm. In the circumstances, the petitioner has sought for appointment in some other category. The petitioner's claim is supported by the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The latest representation submitted in this regard is Ext.P16. 2. In the counter affidavit filed by the Government, it is stated that the Government is considering the petitioner's claim. Paragraph 7 of the counter affidavit states as follows: “The petitioner requested the Government to give him a posting in any Department other than a Police Constable according to W.P.(C).NO.1164/08 :: 2 :: his educational qualification as he couldn't undergo strenuous recruit training. In this regard Commandant, KAP IV Battalion reported to the Director General of Police, Kerala, Thiruvananthapuram that there is no objection to give him a posting as requested by the petitioner vide letter No.A2-10963/99 KAP 4 dated 14.09.2000. The request is being examined by Government.” The above submission is recorded. After having heard the learned counsel for the petitioner and the learned Senior Government Pleader, the writ petition is disposed of directing the 1st respondent to take a decision on the petitioner's request for appointment in some other category, preferably in the ministerial wing, by considering him as having become disabled subsequent to the appointment. The Government shall keep in mind Section 47 of the Act, and take a decision thereon within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//