[Cites 2, Cited by 0]
Kerala High Court
K G Gopakumar vs State Of Kerala on 19 January, 2026
W.P.(C) No.17353 of 2022 1
2026:KER:4205
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 17353 OF 2022
PETITIONER:
K G GOPAKUMAR, AGED 42 YEARS
S/O.OF SHRI.K.A.GOPALAN ,
WORKING AS HIGH SCHOOL ASST.(MALAYALAM)
S.N.D.P HIGHER SECONDARY SCHOOL ,
NEELESWARAM, KALADY-683574 , ERNAKULAM DISTRICT,
& R/O.KALLIDUMBIL HOUSE, ARUVIPPARA P.O ,
PERUMBAVOOR, ERNAKULAM-683545, THROUGH HIS FATHER
SHRI. K.A GOPALAN AGED 78 YRS, S/O.SHRI.AYYAPPAN ,
R/O.SAME ADDRESS AS ABOVE,
(ON ACCOUNT OF PETITIONER'S MENTAL DISABILITY)
BY ADVS.
SHRI.V.VIJULAL
SRI.K.T.SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY, SECRETARY TO GOVT.,
GENERAL EDUCATION DEPARTMENT SECRETARIAT ,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY , THIRUVANANTHAPURAM, PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION , KAKKANAD ERNAKULAM, PIN - 682030
4 THE DISTRICT EDUCATION OFFICER
MINI CIVIL STATION, PERIYAR NAGAR ALUVA ,
ERNAKULAM, PIN - 683101
W.P.(C) No.17353 of 2022 2
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5 THE MANAGER
SNDP HIGHER SECONDARY SCHOOL KALADY P.O ,
ERNAKULAM, PIN - 683574
6 THE HEADMASTER
SNDP HIGHER SECONDARY SCHOOL KALADY P.O ,
ERNAKULAM, PIN - 683574
BY GOVERNMENT PLEADER SMT.NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17353 of 2022 3
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.17353 of 2022
.................................................................
Dated this the 19th day of January, 2026
JUDGMENT
The above writ petition is filed seeking to quash Ext.P4 memo
of charges and Ext.P6 show cause notice issued by the school
management.
2. Learned counsel for the petitioner submits that
challenging the same, petitioner has approached the Government and the
Government by Ext.P11 order rejected the request of the petitioner and
directed to finalise the disciplinary proceedings. It is aggrieved by the
same that the present writ petition has been filed. Petitioner would submit
that action was taken for unauthorised absence and that his absence on
duty is not wilful as he has suffered from 60% mental disability. Petitioner
relies on Section 20(4) of the Rights of Persons with Disabilities Act, 2016,
(in short, "RPWD Act"), which reads as follows:
"20. Non-discrimination in employment.--
xxxx xxxx xxxx
(4) No Government establishment shall dispense with or reduce in rank,
an employee who acquires a disability during his or her service:
Provided that, if an employee after acquiring disability is not
suitable for the post he was holding, shall be shifted to some other post
with the same pay scale and service benefits:
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Provided further that if it is not possible to adjust the employee
against any post, he may be kept on a supernumerary post until a suitable
post is available or he attains the age of superannuation, whichever is
earlier."
Petitioner submits that interpreting the said provision, the Apex Court in
Ravinder Kumar Dhariwal and Ors. v. The Union of India (UOI) and
Ors., MANU/SC/1275/2021 has considered the impact of Section 20(4) of
the RPWD Act and it is without considering Section 20(4) and the
judgment of the Apex Court in Ravinder Kumar Dhariwal's case cited
supra that Ext.P11 order was issued. Petitioner further submits that the
matter may be directed to be reconsidered by the Government in the light
of Section 20(4) of the RPWD Act and the judgment of the Apex Court in
Ravinder Kumar Dhariwal's case cited supra.
3. Heard the learned Government Pleader also.
After hearing both sides, I am of the view that Ext.P10 request
made before the 1st respondent Government requires reconsideration in
the light of Section 20(4) of the RPWD Act and the judgment of the Apex
Court in Ravinder Kumar Dhariwal's case cited supra. Accordingly,
Ext.P11 order is set aside with a direction to the 1 st respondent
Government to reconsider Ext.P10 request made by the petitioner taking
into consideration Section 20(4) of the RPWD Act and the judgment of the
Apex Court in Ravinder Kumar Dhariwal's case cited supra, after
affording an opportunity of being heard to the petitioner. Fresh orders shall
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be passed within an outer limit of three months from the date of receipt of
a copy of the judgment.
Writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF WP(C) NO. 17353 OF 2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPROVED APPOINTMENT
ORDER DATED 01/06/2005 ISSUED BY 5TH
RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE ORDER OF 1ST
RESPONDENT, GO NO.2588/2018/GED. DATED
11/07/2018
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
05/11/2018 FOR LEAVE ALONG WITH MEDICAL
CERTIFICATE SUBMITTED BY THE PETITIONER
Exhibit P3(a) TRUE COPY OF THE TALUK LEVEL MEDICAL
BOARD CERTIFICATE VIDE NO.B3-1382/2019
DATED 17-04-2019
Exhibit P4 TRUE COPY OF THE MEMO DATED 11-12-2018
ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONER
Exhibit P5 TRUE COPY OF THE REPLY BY THE PETITIONER
TO THE 5TH RESPONDENT DATED NIL
Exhibit P6 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
08/01/2019 TO THE PETITIONER ISSUED BY
5TH RESPONDENT
Exhibit P7 TRUE COPY OF THE REPLY TO THE SHOW CAUSE
NOTICE, DATED 18-02-2019 SUBMITTED BY
THE PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P8 TRUE COPY OF THE LEAVE APPLICATION DATED
21/01/2019 AND MEDICAL CERTIFICATE
SUBMITTED BY THE PETITIONER
Exhibit P9 DISABILITIES ACT, 2016 BY ALLOWING HIS
CONTINUATION TRUE COPY OF THE RELEVANT
PART OF THE DISABILITIES ACT OF 2016
Exhibit P10 TRUE OF THE REPRESENTATION BY THE
PETITIONER BEFORE THE SECRETARY TO GOVT.
OF KERALA, GENERAL EDUCATION DEPARTMENT
DATED 28-02-2019
Exhibit P11 TRUE COPY OF THE GOVT. ORDER VIDE
NO.1937/2021/GED DATED 25-02-2021
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES
(EXTRACT) OF THE JUDGMENT OF HONOURABLE
SUPREME COURT IN CIVIL APPEAL
NO.6924/2021 DECIDED ON 17-12-2021
