R.Ratheesh Lal v. The Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 20329 of 2015 (M) ------------------------------------- PETITIONER:

-------------------------- R.RATHEESH LAL, AGED 32 YEARS S/O. LATE N RAJENDRAN, II GRADE CONDUCTOR VELLARADA DEPOT, THIRUVANANTHAPURAM VIRAD VISWABRAHMANA MUTT, VALIYAVILA VEEDU KEERTHI NAGAR, VELLAYANI, SANTHIVILA NEMOM P.O, THIRUVANANTHPAURAM 20 BY ADV. SRI.LIJU. M.P RESPONDENTS:

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1. THE KERALA STATE ROAD TRANSPORT CORPORATION CHIEF OFFICE, TRANSPORT BHAVAN, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN 695 001

2. THE MANAGING DIRECTOR, CHIEF OFFICE, TRANSPORT BHAVAN THIRUVANANTHAPRUAM 695 001

3. THE EXECUTIVE DIRECTOR(ADMINISTRATION) CHIEF OFFICE, TRANSPORT BHAVAN THIRUVANANTHAPURAM 695 001

4. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, KAYAMKULAM KOLLAM 691 001

5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION VELLARADA DEPOT, THIRUVANANTHAPURAM 695 001 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20329 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE OUT PATIENT TICKET DATED 8.1.2014 ISSUED FROM REGIONAL INSTITUTE OF OPHTHALMOLOGY P2 :

COPY OF THE TREATMENT CERTIFICATE DATED 22.1.2014 ISSUED FROM REGIONAL INSTITUTE OF OPHTHALMOLOGY P3 :

COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE DATED 10.02.2014 ISSUED TO THE PETITIONER P4 :

COPY OF THE MEMORANDUM NO. E1/1058/14/KAYAMKULAM DATED 3.4.2014 ISSUED BY 4TH RESPONDENT P5 :

COPY OF THE ORDER DATED 1/85712/T/2015 DATED 26.05.2015 PASSED BY REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM P6:

COPY OF THE JUDGMENT DATED 10.06.2014 PASSED IN W.P.(C). NO. 12693/2014 OF THE HON'BLE HIGH COURT OF KERALA P7:

COPY OF THE MEMORANDUM NO. E1/4007/15/KAYAMKULAM DATED 20.12.2014 P8:

COPY OF THE CIRCULAR MEMORANDUM NO.PL 15/029031/2011 DATED 01.02.2012 P9:

COPY OF THE REPRESENTATION DATED 18.04.2015 SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 20329 OF 2015 ---------------------------------------- Dated this the 07th day of July, 2015

JUDGMENT

The petitioner suffers from 30% visual disability (permanent) as revealed from Ext. P2 treatment certificate and Ext. P3 disability certificate. The petitioner was earlier posted on light duty by Ext. P7 order for a period of three months taking note of the permanent disability. The application for issue of conductor licence put in by the petitioner has now been rejected by Ext P5 order. The same reflects that the petitioner is unfit to perform the duties of a conductor as certified by the medical practitioner. 2.

The petitioner seeks continued posting on light duty as conductor. The petitioner asserts that few posts are earmarked in every category to accommodate disabled employees. Reliance is placed on Ext. P8 memorandum in regard to disabled conductors. Ext. P9 representation filed by the petitioner in this regard is pending consideration. I direct the second respondent to consider Ext. P9 representation with

W.P.(C). NO. 20329 OF 2015 2 notice to the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE