M.C. Madhu Kuttan vs State Of Kerala
2025 Latest Caselaw 7015 Ker

Kerala High Court

M.C. Madhu Kuttan vs State Of Kerala on 20 June, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

OP(KAT) NO. 267 OF 2025            1         2025:KER:44572

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                               &

           THE HONOURABLE MR. JUSTICE JOHNSON JOHN

  FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947

                   OP(KAT) NO. 267 OF 2025

PETITIONER/APPLICANT:

          M.C. MADHU KUTTAN
          AGED 51 YEARS
          S/O. LATE CHELLAPPAN,
          WORKING AS BOAT SRANK,
          KIV NO.548, STATE WATER TRANSPORT DEPARTMENT,
          ALAPPUZHA STATION,
          PIN - 688 508,
          RESIDING AT MANGALAM VADAKKECHIRA,
          KUNNUMMA, KAVALAM P.O.,
          ALAPPUZHA, PIN - 688506


          BY ADVS.
          SHRI.P.M.JOSEPH
          SHRI.P.S.SAJEEV (CHIRAYIL)
          SMT.ASWANI V. DEV




RESPONDENTS/RESPONDENTS :

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY,
          TRANSPORT (D) DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN - 695001
 OP(KAT) NO. 267 OF 2025              2              2025:KER:44572

      2    THE KERALA STATE WATER TRANSPORT DEPARTMENT
           REPRESENTED BY ITS DIRECTOR,
           STATE WATER TRANSPORT DIRECTORATE,
           ALAPPUZHA, PIN - 688011

      3    SENIOR SUPERINTENDENT
           GENERAL ADMINISTRATION,
           STATE WATER TRANSPORT DEPARTMENT,
           ALAPPUZHA, KERALA, PIN - 688001

           SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER


      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR   ADMISSION   ON   20.06.2025,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP(KAT) NO. 267 OF 2025         3              2025:KER:44572



                      JUDGMENT

A.Muhamed Mustaque, J.

The Boat Srank working in the State Water Transport

Department, approached the department for allotment of

'other duty' on medical grounds. However, this request was

rejected. He sought to be engaged as a Cashier instead of

continuing as a Boat Srank.

2. The question in this case is whether any medical

disability would dissuade the petitioner from performing the

duties of a Boat Srank. This issue has to be primarily

addressed on the basis of a medical certificate. If the

petitioner is inflicted with a bodily disability, he cannot be

assigned duties that are beyond his physical capacity, in the

light of the provisions under the Rights of Persons With

Disabilities Act, 2016 ('the Act' in short). Therefore, the

petitioner cannot insist that he should be engaged as a

Cashier. It is for the department to decide whether, on

account of any disability he suffers from, he should be OP(KAT) NO. 267 OF 2025 4 2025:KER:44572

engaged as a Boat Srank or be given any other duty. If no

other duty can be given, and if the petitioner is suffering

from a serious medical ailment, he cannot be assigned a

post beyond his physical capacity, as contemplated under

the provisions of the Act.

2.1 Section 3 of the Rights of Persons with

Disabilities Act, 2016 states as follows:

"3. Equality and non - discrimination.-- (1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.

(2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment.

(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.

(4) No person shall be deprived of his or her personal liberty only on the ground of disability.

(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities." OP(KAT) NO. 267 OF 2025 5 2025:KER:44572

2.2 Sections 20(1) and 20(2) of the Rights of

Persons with Disabilities Act, 2016 reads as follows:

"20. Non - discrimination in employment.--

(1) No Government establishment shall discriminate against any person with disability in any matter relating to employment: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section.

(2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability."

3. This Court in a recent judgment in State of Kerala

v. T. Rajeev, [2025 (4) KHC 1] held as under:

"It is clear that it is the duty of the Government to ensure that the infrastructure facilities in public places are accessible to the differently abled persons. The physical environment of a building must be friendly to differently abled persons. If there is a failure on the part of the Government to provide such facilities, a Government servant cannot be forced to work against his bodily ability. If any public place remains inaccessible to differently abled OP(KAT) NO. 267 OF 2025 6 2025:KER:44572

persons, that failure cannot be construed to their detriment. A differently abled person cannot be subjected to disciplinary or other actions due to the Government's failure to provide a physical environment conducive to his abilities."

4. In the light of the above judgment, his request

shall be reconsidered afresh in accordance with the provisions

of the said Act. If the petitioner so insists to be posted as

Cashier, he shall produce a certificate from the Medical Board.

A necessary order shall be passed within a period of one

month. The impugned order is accordingly set aside for

reconsideration as above, untrammeled by any of the

observations made herein.

Accordingly, this Original Petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

JOHNSON JOHN, JUDGE rkj OP(KAT) NO. 267 OF 2025 7 2025:KER:44572

APPENDIX OF OP(KAT) 267/2025

PETITIONER ANNEXURES

Annexure-A1 TRUE COPY OF THE CIRCULAR NO.S1-4381/14 DATED 09.02.2015 OF THE 2ND RESPONDENT ALONG WITH ITS TYPED COPY.

Annexure-A2 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD, GENERAL HOSPITAL, ALAPPUZHA DATED 20.10.2016. Annexure-A3 TRUE COPY OF THE ORDER IN O.A. NO.1637/2018 ON 04.09.2018 OF THIS HON'BLE TRIBUNAL ALONG WITH ITS TYPED COPY.

Annexure-A4 TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 29.12.2018 SUBMITTED BY THE APPLICANT.

Annexure-A5 TRUE COPY OF THE ORDER IN O.A. NO.353/2019 DATED 04.12.2019 OF THIS HON'BLE TRIBUNAL.

Annexure-A6 TRUE COPY OF THE G.O.(RT) NO.115/2020/TRANS DATED 19.03.2020. Annexure-A7 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE MEDICAL OFFICER, GOVT. T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA DATED 29.09.2019.

Annexure-A8 TRUE COPY OF THE MEMO NO.S2-16670/19 DATED 14.09.2020 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT.

Annexure-A9 TRUE COPY OF THE ORDER NO.S2-16670/19 DATED 30.06.2021 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT.

Annexure-A10 TRUE COPY OF THE DISABILITY CERTIFICATE NO. MRL/MB/33/2021 DATED 15.04.2021 ISSUED BY THE MEDICAL BOARD AT GENERAL HOSPITAL, ALAPPUZHA.

Annexure-A11 TRUE COPY OF THE ORDER IN C.C. NO.129/2021 OF THE JFMC, RAMANKARY DATED 15.11.2023.

Annexure-A12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 11.07.2024. OP(KAT) NO. 267 OF 2025 8 2025:KER:44572

Annexure-A13 TRUE COPY OF THE POSTAL RECEIPT ADDRESSED TO THE 1ST RESPONDENT DATED 15.07.2024.

Annexure-A14 TRUE COPY OF THE LETTER NO.D1/93/2024- TRANS DATED 28.11.2024 OF THE 1ST RESPONDENT TO THE APPLICANT.

Annexure-A15 TRUE COPY OF THE ORDER NO.MH2- 22915/2023, DHS DATED 28.01.2024 ISSUED BY THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL & HOSPITAL ADMINISTRATION), DIRECTORATE OF HEALTH SERVICES.

Annexure-A16(a) TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF OCTOBER OF THE APPLICANT. Annexure-A16(b) TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF NOVEMBER OF THE APPLICANT. Annexure-A16(c) TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF DECEMBER OF THE APPLICANT. Annexure-A17 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 31.01.2025 ISSUED BY THE JUNIOR CONSULTANT IN ORTHOPEDIC, GENERAL HOSPITAL, ALAPPUZHA.

Exhibit-P1 TRUE COPY OF THE MEMORANDUM OF O.A. NO.1444/2024 DATED 13.08.2024. Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT IN O.A. NO.1444/2014 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE TRIBUNAL DATED 25.10.2024.

Exhibit-P3 TRUE COPY OF THE ORDER IN O.A. NO.1444/2024 DATED 27.11.2024 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL. Exhibit-P4 TRUE COPY OF M.A. NO. 294/2025 IN O.A. NO.1444/2024 FILED BY THE PETITIONER BEFORE THE HON'BLE TRIBUNAL DATED 07.02.2025.

Exhibit-P5 CERTIFIED COPY OF THE ORDER IN O.A.NO.1444/2024 DATED 05.03.2025 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.