IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 20261 of 2011(G) -------------------------- PETITIONER: --------------- M.S.VENUGOPALAN NAIR,(CONDUCTOR,KSRTC, NEDUMANGAD DEPOT),ARDRAM,VADAKKUMKARA,MELAMCODE, NEDUMANGAD,THIRUVANANTHAPURAM. BY ADV. MR.K.P.RAJEEVAN RESPONDENTS: --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR,TRANSPORT BHAVAN,FORT,THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION,NEDUMANGAD DEPOT, THIRUVANANTHAPURAM. ADV. MR.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20261 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TREATMENT RECORDS AND CERTIFICATES ISSUED FROM THE AYURVEDIC HOSPITAL, THIRUVANANTHAPURAM. EXT.P2: TREATMENT RECORDS AND CERTIFICATES ISSUED FROM THE DEPARTMENT OF PHYSICAL MEDICINE AND REHABILITATION, GOVERNMENT MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.P3: MEMO DTD. 1.1.2011 ISSUED BY R2. EXT.P4: MEDICAL CERTIFICATE DTD. 25.5.2011 ISSUED BY THE STANDING MEDICAL BOARD. EXT.P5: REPRESENTATION DTD. 16.6.2011 FILED BY THE PETITIONER BEFORE R1. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.20261 Of 2011 ---------------------- Dated this the 23rd day of August, 2011. J U D G M E N T The writ petition is filed seeking a direction directing the respondent Corporation to post the petitioner to a light duty, exempting him from line duty. The petitioner is a conductor of the 1st respondent Corporation. He entered service as a Conductor on 16.1.2007 under dying in harness scheme. The petitioner submits that due to Cervical Spondylosis he is not in a position to perform the duties of a Conductor. 2. Ext.P1 is the copies of the treatment records and certificates. Originally he was under treatment in the Ayurvedic Hospital, Thiruvananthapuram. Subsequently, he continued the treatment in the Government Medical College Hospital, Thiruvananthapuram by the Department of Physical Medicine and Rehabilitation. Ext.P2 is the copy of the treatment records and certificate issued from the Department of Physical Medicine and Rehabilitation. The petitioner submits that on his application, the Corporation was pleased to permit him to perform clerical duty in the accounts section. Ext.P3 is the memo ::2:: W.P.(C).No.20261 Of 2011 dated 1.1.2011. The grievance of the petitioner is that after expiry of Ext.P3 period, the 2nd respondent is not permitting the petitioner to perform the light duty. The petitioner further submits that he is under continued treatment and his ailment is not cured till date and therefore, he is unable to work as a Conductor. He has produced Ext.P4 certificate dated 25.5.2011 issued by the Standing Medical Board. The petitioner submitted Ext.P5 representation before the 1st respondent on 16.6.2011 for extension of his light duty post. It is said that so far no orders have been passed in Ext.P5 representation. 3. 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.P3 memo is also an indication that the petitioner is suffering from Cervical Spondylosis and that he is in continued treatment. In these circumstances, the request of the petitioner that he may be permitted to continue to do the light duty is justified. In these ::3:: W.P.(C).No.20261 Of 2011 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/-