The petition sought deployment on light duty and regularisation of absence for a disabled KSRTC driver. The court found an order of posting at Mananthavady already issued under Section 47 of the Persons with Disabilities Act, rendering the petition infructuous.
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 B.P.RAY
TUESDAY, THE 7TH DAY OF FEBRUARY 2012/18TH MAGHA 1933
WP(C).No. 1898 of 2012 (J)
PETITIONER(S):
P.JAMALUDHEEN 40 YEARS, S/O.MAMMAD KOYA, DRIVER GRADE II NOW WORKING ON OTHER DUTY IN STORE, K.S.R.T.C. KOZHIKODE DEPOT KOZHIKODE RESIDING: PALATHINGAL HOUSE PAYYADI MEETHAL, KOZHIKODE-19.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENT(S):
1. K.S.R.T.C. REPRESENTED BY ITS MANAGING DIRECTOR, CHIEF OFFICER THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT TRANSPORT OFFICER
BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1898 of 2012 (J)
APPENDIX
PETITIONER(S) EXHIBITS :
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
stu
B.P.RAY, J.
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W.P.(C)No.1898 OF 2012
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Dated this the 7th day of February, 2012
JUDGMENT
This writ petition is filed with the following prayers:
that the authorities have considered the case of the petitioner favourably and issued order of posting to the petitioner under Section 47 of Persons with Disabilities Act giving posting to the petitioner at Mananthavady unit.
Writ petition is disposed of.
B.P.RAY, JUDGE
jes
2 issues framed by the court
Whether to deploy the petitioner as a driver with permanent disability on light duty ordered under Section 47 of the Persons with Disabilities Act.
Whether to regularise the petitioner's absence due to a motor accident under railway service rules.
P. Jamaludheen
K.S.R.T.C.
The District Transport Officer
B. P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
