IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 12769 of 2010(U) -------------------------- PETITIONER(S): ------------------------ K.SAJU,AGED 32 YEARS,ANSU BHAVAN, ALAMMOODU P.O.,QUILON, WORKING AS U.D.C., IRRIGATION DIVISION, ALAPPUZHA. BY ADV. SRI.SURESH JOSE RESPONDENT(S): ------------------------ 1. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION,ALAPPUZHA. 3. M.V.MILI,U.D.C.,IRRIGATION DIVISION, ALAPPUZHA. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 12769 OF 2010 (U) ===================== Dated this the 21st day of May, 2010 J U D G M E N T Petitioner is a physically handicapped person with 40% disability. Ext.P1 is the medical certificate. His grievance is that, by Ext.P3, he has been deployed from Alappuzha to Chavakkad. The case set up by the petitioner is that in Clause 6 of Ext.P4. Government Order, it was ordered that physically handicapped persons should be exempted from deployment if they are not willing to be deployed. It is stated that in view of the disability that he has, he is entitled to the benefit of Clause 6, and that, for that reason, Ext.P3 deploying him is illegal. It is seen from the pleadings that even prior to Ext.P3, petitioner had already claimed the benefit of Clause 6 of Ext.P4 by filing Ext.P2 before the 1st respondent and his grievance is that it is ignoring Ext.P2 that he was deployed. 2. If as stated by the petitioner, he is physically handicapped and is entitled to the benefit of Ext.P4, there is no reason why he should not be extended the benefit of the said Government Order. WPC No. 12769/10 :2 : 3. Having regard to the fact that the impugned order has come into force, I feel at this stage, the course to be adopted is to direct the 1st respondent to consider the claim made by the petitioner in Ext.P2 duly adverting to Ext.P1 medical certificate and Ext.P4 Government Order. This the 1st respondent shall do, as expeditiously as possible at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. 4. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp