IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 8709 of 2009(G) ------------------------------------ PETITIONER(S): ---------------------- RATHY.K., W/O.GOPALAKRISHNAN, AGED 44, MAKUTTATHIL HOUSE, M.L.A.ROAD, UDAYAMPEROOR P.O. ERNAKULAM DISTRICT, (WORKING AS IIND GRADE NURSING ASST., GENERAL HOSPITAL, ERNAKULAM). BY ADV. MR.JOHNSON MANAYANI RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM. 2. THE DISTRICT MEDICAL OFFICER, ERNAKULAM. 3. THE DIRECTOR OF HEALTH SERVICES, O/O.DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HEALTH SERVICES, TRIVANDRUM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 8709 of 2009 --------------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner is a physically handicapped person having 45% disability. She is a IInd Grade Nursing Assistant working in the District Hospital, Ernakulam. In view of the disability she was allowed to work as a Telephone Operator. The main grievance raised in the Writ Petition is that presently the accommodation given to her as Telephone Operator has been withdrawn and the petitioner is assigned other duties in the general ward which according to her is very difficult to perform. In view of the disability, she will not be able to perform such work in a satisfactory manner. 2. The learned Government Pleader on instructions submitted that the petitioner was appointed as PTC through Employment Exchange on 4.7.2000. She was promoted as Hospital Attendant Gr.II as per order dated 21.8.2000. Petitioner was allowed to work as Telephone Operator as the post was remaining vacant in January, 2005. Subsequently, she was promoted and posted as Nursing Assistant in the year 2006 and she was permitted to continue as Telephone Operator until a qualified telephone operator is appointed in the post. As part wpc:8709 of 2009 2 of providing various facilities and staff to the hospital for obtaining accreditation of NABH, two new qualified Telephone Operators were appointed and petitioner was reposted to the ward. There is scarcity of Nursing Assistants also. It is pointed out that considering her handicap (only 45%) the Superintendent has made some internal arrangement and posted her to OP for issuing OP tickets/IP registration etc. 3. In that view of the matter, the petitioner will abide by the directions of the Superintendent and accept the said posting since the same will be entirely different from the duty as Nursing Assistant in the ward itself. Appropriate orders will be passed within two weeks. The Writ Petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE bps