D.A.Mohammed Shaiju vs The High Court Of Kerala
2023 Latest Caselaw 8495 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                   WP(C) NO. 25094 OF 2023
PETITIONER:

          D.A.MOHAMMED SHAIJU
          UPPER DIVISION TYPIST, MUNSIFF COURT, KOCHI,
          RESIDING AT DARULAMAN, NETTOOR, ERNAKULAM.,
          PIN - 682040
          BY ADVS.
          M.U.VIJAYALAKSHMI
          K.JAJU BABU (SR.)
          BRIJESH MOHAN
          D.SREEKUMAR (KALAMASSERY)
          T.S.ATHIRA
          SACHIN RAMESH


RESPONDENTS:

    1      THE HIGH COURT OF KERALA
           REPRESENTED BY THE REGISTRAR - DISTRICT
           JUDICIARY, HIGH COURT OF KERALA,
           ERNAKULAM ., PIN - 682031
    2      THE DISTRICT JUDGE
           DISTRICT COURT, ERNAKULAM KOCHI., PIN - 682011
    3      3. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE
           (FOR THE TRIAL OF CASES RELATING TO ATROCITIES
           AND SEXUAL VIOLENCE AGAINST THE WOMEN AND
           CHILDREN) ERNAKULAM., PIN - 682011
    4      THE PRINCIPAL MUNSIFF
           KOCHI, COCHIN, PIN - 682006
           BY ADV BABU PAUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 25094/2023
                                 ..2..



                           JUDGMENT

The petitioner says that he is 45% disabled and therefore,

not in a position to climb the stairs; and thus, seeks that he be

transferred to a place where he would have access to a lift, or

where he would not have to climb stairs.

2. Sri.K.Jaju Babu - learned Senior Counsel, instructed by

Sri.Brijesh Mohan - appearing for the petitioner, pointed out that

petitioner is presently posted at the Munsiff's Court, Fort Kochi,

which is on the second floor; and that this is causing him extreme

prejudice. He, therefore, prayed that respondents be directed to

transfer him to a place where he will have access to a lift, or

where the Court is on the ground floor and he cited the vacancies

at POCSO Court, Ernakulam; CBI Court, Ernakulam; Munsiff's

Court, Ernakulam and Sub Court, Ernakulam. The learned Senior

Counsel, then reiteratingly prayed that respondents be directed

to transfer his client to one of the afore vacancies.

3. Sri.Babu Paul - learned Standing Counsel for the 1 st

respondent, submitted that, normally, an employee cannot

dictate the manner in which he has to be posted or transferred.

He submitted that, however, since he impels his claim edificed on

the assertion that he is disabled, liberty may be left to the WPC 25094/2023 ..3..

respondent to transfer him appositely to any place in Ernakulam

District, assuring this Court that his condition will be kept in mind

and that he will be given access to a lift, or accomodated in the

ground floor.

Taking note of the afore submissions, I order this writ

petition and direct the 2nd respondent - District Judge, Ernakulam,

to consider the claim of the petitioner for transfer and

accommodate him to any available vacancy in the Ernakulam

District, including those cited by him and recorded above;

however, making sure that he is accomodated to an office in the

ground floor; or that he obtains access to a lift, if he is to be

accomodated in a floor than such floor.

The afore shall be done within a period of two weeks from

the date of receipt of a copy of this judgment, and the order

communicated to the petitioner.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC 25094/2023 ..4..

APPENDIX OF WP(C) 25094/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE NO.9208 DATED 29.06.1994 ISSUED BY THE GENERAL HOSPITAL, ERNAKULAM IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE NO.1175 DATED 30.07.1997 ISSUED BY THE GENERAL HOSPITAL, ERNAKULAM IN FAVOUR OF THE PETITIONER Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE NO.81/04 DATED 14.01.2004 ISSUED BY THE GENERAL HOSPITAL, ERNAKULAM IN FAVOUR OF THE PETITIONER Exhibit P4 TRUE COPY OF THE UNIQUE DISABILITY ID NO.KL0820619790103606 ISSUED TO THE PETITIONER BY THE GOVERNMENT OF INDIA ON 5-7-2020 Exhibit P5 TRUE COPY OF THE ORDER NO.A1-10/2023 DATED 2-6-2023 OF THE DISTRICT COURT, ERNAKULAM.

Exhibit P6 TRUE COPY OF THE GRIEVANCE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 8-6-2023 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 17-6-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE NOTICE DATED 26.06.2023 ISSUED BY THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER. Exhibit P9 TRUE COPY OF THE NOTICE D.NO.1049/23 DATED 27-6-2023 FORWARDED BY THE 4TH RESPONDENT INTIMATING THE REJECTION OF THE REQUEST.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 30-6-2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P11 TRUE COPY OF THE SUBMISSION (THROUGH PROPER CHANNEL) SUBMITTED BY THE PETITIONER BEFORE THE KOCHI MUNSIFF COURT ON 30-6-2023