IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 6197 of 2009(T) ------------------------------- PETITIONER(S): --------------- P.C. CHACKO, AGED 50 YEARS, SON OF OUSEPH CHACKO, DRIVER KERALA STATE ROAD TRANSPORT CORPORATION, PIRAVOM UNIT, PIRAVOM, RESIDING AT PONGUMKALAYIL HOUSE, ARUNNOTTIMANGALAM P.O., 686 604, K.S. PURAMA, KADUTHURUTHY, KOTTAYAM DISTRICT. BY ADVS. MR..H.B.SHENOY MR.B.ASHOK SHENOY MR. THOMAS P. MAKIL MS.LAKSHMI B.SHENOY MR.ABU MATHEW MR.SOBHAN GEORGE RESPONDENT(S): -------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. THE CHIEF PERSONNEL MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. THE ZONAL OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ZONAL OFFICE, ERNAKULAM, KOCHI-682 035. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT COPORATION, VAIKOM UNIT, VAIKOM. 6. THE INSPECTING CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PIRAVOM UNIT, PIRAVOM. MR. JOHNSON P. JOHN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 6197 OF 2009 ---------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner is a driver in the Kerala State Road Transport Corporation. He claims to be a cardiac patient. Considering his ailment, he was given light duty. However, the respondents refused to extend his light duty. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to forthwith shift and accommodate the petitioner in a light duty post/job either in the Store at Piravom unit or in any other light duty post/job; (b) Declare that the action of the respondents in treating the petitioner on leave from 27.11.2008, is illegal; (c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents to treat the petitioner as on duty with effect from 27.11.2008 and pay him full pay and allowances as on duty for the period from 27.11.2008 onwards”, W.P.(c)No.6197/09 2 2. I have heard the learned Standing Counsel appearing for the Kerala State Road Transport Corporation also. The learned Standing Counsel on instructions submits that the maximum period for which light duty can be given to an employee for serious ailments is only six months and after six months he has to seek permission to be accommodated to a lower post or seek a category change. 3. The learned counsel for the petitioner submits that he may be permitted to file a representation in that regard. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: If the petitioner submits a representation seeking accommodation in a lower post or category change, the same shall be considered and disposed of in accordance with law by the competent officer of the K.S.R.T.C. as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the representation. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.6197/09 3 W.P.(c)No.6197/09 4