Kerala High Court
B.J.Vinod vs Kerala State Road Transport ... on 11 March, 2022
WP(C) NO. 3571 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 3571 OF 2022
PETITIONER:
B.J.VINOD
BEENA MANDIRAM, KULAKKADA P.O., KOTTARAKKARA, KOLLAM
DISTRICT-691521 (DRIVER, KSRTC, ADOOR DEPOT).
BY ADVS.
N.SASIDHARAN UNNITHAN
A.R.DILEEP
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REP. BY THE MANAGING DIRECTOR, KSRTC, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM-695023.
2 EXECUTIVE DIRECTOR (ADMINISTRATION),
KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-
695023.
3 ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, ADOOR
DEPOT, PATHANAMTHITTA DISTRICT-691523.
4 STATE COMMISSIONER FOR PERSONS WITH DISABILITIES,
OFFICE OF THE STATE COMMISSIONER FOR PERSONS WITH
DISABILITIES, SASTHAMANGALAM, THIRUVANANTHAPURAM-
695010.
5 STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
SRI DEEPU THANKAN, SC
SMT SURYA BINOY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3571 OF 2022 2
JUDGMENT
The petitioner states that he is a permanent Driver in the Kerala State
Road Transport Corporation and working in the Adoor Depot. He suffered an
accident on 18.9.2019 while trying to mount the Drivers' cabin and sustained
injuries on his left eye. Ext.P3 Medical Report reveals that the petitioner is
suffering from Left Eye Central Retinal Artery Occlusion with Cilioretinal Artery
Sparing. He has been issued with Ext.P7 certificate by the Medical Board fixing
his disability as 30%. The petitioner submitted Ext.P10 representation and
pursuant to orders passed by this Court, Ext.P12 order was passed by the
State Commissioner directing the KSRTC to provide light-duty and service
benefits. In compliance with the order, the petitioner was permitted to work
as Peon temporarily for a period of three months from 24.5.2021 which was
extended further. He contends that from 16.1.2020, he has been denied light
duty. It was only for a period of six months from 24.5.2021 to 23.11.2021 that
the petitioner was provided light-duty and thereafter, he is kept out. It is in
the afore circumstances that the petitioner is before this Court seeking for a
declaration that he is entitled to suitable alternative employment in the KSRTC
and other service benefits under Section 20(4) of the Rights of Persons with
Disabilities Act, 2016 and for incidental reliefs.
2. When this matter was taken up, it is submitted by Sri.Deepu
Thankan, the learned Standing Counsel appearing for the respondents on
instructions that the respondent Corporation has decided to permit the
petitioner to work as a Pump Operator, if he is agreeable for the same.
3. Sri. Sasidharan Unnithan, the learned counsel appearing for the
petitioner submits that he is agreeable as both the posts have the same scale
of pay. According to the learned counsel, this writ petition can be disposed of
directing the respondents to issue a posting order without delay. The learned
counsel submits that the other reliefs claimed by the petitioner in the writ
petition can be left open.
4. In view of the facts and circumstances and the submissions made
across the bar, this writ petition is disposed of by issuing the following
directions:
1. Category change shall be effected and posting orders shall be
issued within a period of 30 days by permitting the petitioner
to work as Pump Operator in the 1st respondent Corporation.
2. All other contentions raised by the petitioner with regard to
disbursement of benefits shall be left open.
3. The petitioner shall produce a copy of the writ petition along
with the judgment before the concerned respondent to
ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 3571/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE O.P.TICKET ISSUED TO THE
PETITIONER FROM THE GENERAL HOSPITAL,
PATHANAMTHITTA.
Exhibit P2 TRUE COPY OF THE TREATMENT RECORDS ISSUED
TO THE PETITIONER FROM THE REGIONAL
INSTITUTE OF OPHTHALMOLOGY.
Exhibit P3 TRUE COPY OF THE MEDICAL REPORT DATED
26.9.2019 ISSUED TO THE PETITIONER FROM
THE ARAVIND EYE HOSPITAL.
Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO THE PETITIONER FROM REGIONAL
INSTITUTE OPHTHALMOLOGY,
THIRUVANANTHAPURAM.
Exhibit P5 TRUE COPY OF THE TREATMENT RECORDS ISSUED
TO THE PETITIONER FROM THE KIMS HOSPITAL.
Exhibit P6 TRUE COPY OF THE APPLICATION DATED
16.1.2020 OF THE PETITIONER.
Exhibit P7 TRUE COPY OF THE DISABILITY CERTIFICATE
DATED 11.2.2020 ISSUED TO THE PETITIONER
FROM THE TALUK HOSPITAL, KOTTARAKKARA.
Exhibit P8 TRUE COPY OF THE DISABILITY CERTIFICATE
DATED 3.8.2021 ISSUED TO THE PETITIONER
FROM THE A.A.RAHIM MEMORIAL DISTRICT
HOSPITAL, KOLLAM.
Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF THE
OCCURRENCE REGISTER KEPT BY THE 3RD
RESPONDENT, CARRYING THE ENTRIES REGARDING
THE INJURIES SUSTAINED TO THE PETITIONER.
Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED
20.2.2020 OF THE PETITIONER.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 28.5.2020
OF THIS HONOURABLE COURT IN WP(C)
NO.10535/2020.
Exhibit P12 TRUE COPY OF THE ORDER NO.681/S2/20/SCPWD
DATED 18.12.2020 OF THE 4TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE MEMO NO.E2/748/21/ADR
DATED 25.5.2021 OF THE 3RD RESPONDENT.
Exhibit P14 TRUE COPY OF THE MEMO NO.E2/748/21/ADR
DATED 30.8.2021 OF THE 3RD RESPONDENT.
Exhibit P15 TRUE COPY OF THE ORDER NO.OP(RPWD)
NO.3829/S2/2021 DATED 7.1.2022 OF THE 4TH
RESPONDENT COMMISSIONER.
Exhibit P16 TRUE COPY OF THE JUDGMENT REPORTED IN
(2018) 1 SUPREME COURT CASES (L&S) 130.
RESPONDENTS' EXHIBITS:
NIL
