Kerala High Court
Ragesh M vs State Of Kerala on 3 September, 2024
2024:KER:66657
WP(C) NO. 39228 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA,
1946
WP(C) NO. 39228 OF 2023
PETITIONER:
RAGESH M
AGED 33 YEARS
S/O MADUSUDHAN NAIR, ASSISTANT SECTION OFFICER,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
CET CAMPUS, THIRUVANANTHAPURAM
RESIDING AT KUNNUMPURATHU VEEDU, CHERUVELI,
CHULLIMANOOR P.O NEDUMANGADU,
THIRUVANANTHAPURAM, PIN - 695541
BY ADVS.
S.MOHAMMED AL RAFI
THAJUNA MARIA FRANCIS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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WP(C) NO. 39228 OF 2023
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2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM, PIN - 695016
3 THE VICE CHANCELLOR
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
CET CAMPUS, THIRUVANANTHAPURAM, PIN - 695016
BY ADV
ADV K.R.GANESH
ADV ELVIN PETER - STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The writ petition was submitted by the petitioner, who is
working as Assistant Section Officer seeking the following reliefs:
"(i) To issue writ of mandamus or writ of similar
nature or appropriate orders commanding the
respondents No. 1 to 3 to implement the
reservation for persons with disability in
promotion as mandated under section 34 of
Rights of Persons with Disabilities Act, 2016 in
2nd respondent University forthwith.
(ii) To issue writ of mandamus or writ of similar
nature or appropriate orders commanding the 2nd
and 3rd respondents to promote the petitioner to
the post of Section Officer through reservation
under the quota of persons with disabilities
immediately.
(iii) To issue writ of mandamus or writ of similar
nature or appropriate orders forbearing the
respondents from effecting promotions to the post
of Section Officer and other higher posts until the
implementation of reservation for persons with
disabilities in promotion in 2nd respondent.
(iv) Grant such other or further orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case.
(v) Kindly dispense with the English translation of
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WP(C) NO. 39228 OF 2023
Malayalam documents."
During the pendency of this writ petition the petitioner was
promoted as Section Officer. Now what remains is the fixation of
seniority of the petitioner. The learned Standing Counsel appearing
for the respondents 2 and 3 submitted that a subcommittee is
already constituted to frame the regulations for the said purpose and
a decision in this regard will be taken within a period of three
months.
In such circumstances, this writ petition is disposed of
directing the respondents 2 and 3 to ensure that a decision is taken
as referred to above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
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WP(C) NO. 39228 OF 2023
APPENDIX OF WP(C) 39228/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISABILITY
CERTIFICATE DATED 18/11/2011 ISSUED TO
THE PETITIONER
Exhibit P2 TRUE COPY OF THE ADVICE DATED
23/10/2019 ISSUED TO THE PETITIONER BY
THE KERALA PUBLIC SERVICE COMMISSION
Exhibit P3 TRUE COPY OF THE ORDER DATED
31/05/2023 ISSUED BY THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER DATED
22/06/2023 ISSUED BY THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER
DATED 01/01/2016 ISSUED BY THE 1ST
RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
14.11.2023 SUBMITTED BY THE PETITIONER
TO 2ND RESPONDENT
