IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 20613 of 2010(B) -------------------------- PETITIONER: --------------- PROMOD KUMAR, S/O.RAVEENDRA KURUP, POOVATHU VILAKATH VEEDU, ALANTHARA, VENJARAMOODU.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT: --------------- KERALA STATE TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.20613 of 2010 --------------------------------- DATED THIS THE 19th DAY OF JULY, 2010 JUDGMENT The petitioner herein was working as a Work Assistant under the respondent-Corporation in the Depot at Venjaramoodu. He joined service on 16.3.2005 and Exhibit P1 is the order of appointment. 2. On 14.6.2009 at about 9.30 p.m., the petitioner met with a road accident at Venjaramoodu Junction causing severe injuries also. He lost his right leg from the hip and he had serious fractures on the left thigh bone and serious injuries to the spinal cord which led him to be confined to bed for the last past 10 months. It is pointed out that the petitioner has recovered from the defects of the injury and he can perform clerical work or other works which does not want more physical effort. 3. It is pointed out that the petitioner has sustained 60% permanent physical disability and the District Medical Board as per Exhibit P2 has issued a certificate to that effect also. 4. The petitioner is seeking the benefit of section 47 of the Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner W.P.(C)No.20613/2010 -2- accordingly has filed a representation as per Exhibit P3 before the respondent herein. It is pointed out that the petitioner is the only earning member of his family to find sufficient means for their survival, his wife is remaining unemployed and his child is only four years of age. 5. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent-Corporation. Under the proviso to section 47 of the Act, if an employee after acquiring disability is not suitable for the post he was holding, he should be shifted to some other post with the same scale of pay and service benefits. This is a matter for the respondent to consider after identifying the suitable post, which the petitioner can be placed in the light of the disability certificate issued by the Medical Board. Appropriate decision will be taken and communicated to the petitioner within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn