Court disposed of petitioner's writ petition regarding identification of a suitable post for a physically handicapped person. Court held petitioner entitled to relief granted in W.P.(C) No.28824/2010 and disposed of in terms of that judgment without deviation.
Petition disposed of in terms of judgment in W.P.(C) No.28824/2010.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 15403 of 2011(A) --------------------------------------
PETITIONER(S): ----------------------
ABDUL SALAM. A, S/O. ALIYARU KUNJU, AGED 33 YEARS, RESIDING AT KOIKKALAYYATH, VADAKKUMTHALA EAST. P.O, KARUNAGAPALLY, KOLLAM.
BY ADV. SRI.P.B.SURESH KUMAR, SRI.LEO GEORGE, SRI.K.N.SASIDHARAN NAIR, SMT.BABITHA THAMBI.
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.
2. THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.
3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM - 695 004.
4. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM -695 001.
R1 & R2 BY GOVT. PLEADER MR.A.J. JOSE. R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC. R4 BY ADV. SRI.M.DINESH, SC, KWA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs
WP(C).No. 15403 of 2011(A)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE DISABILITY CERTIFICATE ISSUED TO THE PETITIONER FROM THE DISTRICT HOSPITAL, KOLLAM DATED 23/03/2007.
EXT.P2: COPY OF THE DISCHARGE CERTIFICATE ISSUED TO THE PETITIONER FROM KERALA STATE ELECTRICITY BOARD DATED 24/04/2001.
EXT.P3: COPY OF THE DISCHARGE CERTIFICATE ISSUED TO THE PETITIONER FROM ESI HOSPITAL, ASRAMAM, KOLLAM DATED 22/04/2001.
EXT.P4: COPY OF THE DISCHARGE CERTIFICATE ISSUED TO THE PETITIONER BY KERALA MINERAL AND METALS LTD. DATED 20/04/2005.
EXT.P5: COPY OF THE RANKED LIST NO.RL/415/2010 PUBLISHED BY THE PUBLIC SERVICE COMMISSION DATED NIL.
EXT.P6: COPY OF THE G.O.(P) NO.8/2010 DATED 01/02/2010.
EXT.P7: COPY OF THE COMMUNICATION ISSUED BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT DATED 08/11/2010.
EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 14/02/2011.
EXT.P9: COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE COMMISSIONER FOR PERSONS WITH DISABILITY DATED 21/02/2011.
EXT.P10: COPY OF THE JUDGMENT IN WP(C) NO. 28824/2010 DATED 13/12/2010.
EXT.P11: COPY OF THE G.O.(MS) NO.26/2011 DATED 03/03/2011.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
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P.R.RAMACHANDRA MENON, J.
W.P.(C) No. 15403 of 2011 – A
Dated this the 27th day of October, 2011
J U D G M E N T
Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
“The 1st respondent shall reconsider the question of identification of this post as one suitable to be manned by physically handicapped person, in accordance with Sections 32, 33 and 36 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 in the ligt of the observations in this judgment and pass appropriate orders within two months from the date of receipt of a copy of this judgment and forward their decision to the P.S.C. immediately thereafter.”
2
W.P.(C) No.15403/2011
The writ petition is disposed of in terms of Ext.P10 as aforesaid.
P.R.RAMACHANDRA MENON, JUDGE.
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1 issue framed by the court
Whether the petitioner is entitled to similar relief granted in W.P.(C) No.28824/2010 regarding identification of a post suitable for a physically handicapped person.
Colour shows how this judgement treated each authority
W.P.(C) No. 28824/2010Followed¶2
1 provisions across 1 enactments
Abdul Salam. A
State of Kerala
Secretary to Government, Social Welfare Department
Kerala Public Service Commission
Kerala Water Authority
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
