The High Court of Kerala dismissed a writ petition challenging a Government order directing the petitioner union to appoint a physically handicapped person to a technician post and designate future vacancies under the Disabilities Act, 1995.
Writ petition dismissed; Government order upheld.
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 A.M.SHAFFIQUE
THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937
WP(C).No. 13308 of 2013 (K)
PETITIONER(S):
MANAGING DIRECTOR, ERNAKULAM REGIONAL CO-OP.MILK PRODUCERS UNION LTD EDAPPALLY, KOCHI 682 024.
BY ADVS.SRI.K.ANAND (SR.) SMT.LATHA KRISHNAN
RESPONDENT(S):
1. STATE OF KERALA REP.BY SECRETARY, AGRICULTURAL DAIRY DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. DIRECTOR OF DAIRY DEVELOPMENT PATTOM, THIRUVANANTHAPURAM.
3. DIAS DAVIS M
R1 & 2 BY ADV. GOVERNMENT PLEADER SRI.REJI JOSEPH R3 BY ADV. SRI.K.SASIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13308 of 2013 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 27.4.13. EXHIBIT P2. TRUE COPY OF THE NOTIFICATION DATED 29.01.11. EXHIBIT P3. TRUE COPY OF THE APPLICATION MADE BY THE 3RD RESPONDENT. EXHIBIT P4. TRUE COPY OF THE LETTER BY THE IST RESPONDENT DATED 5.4.13. EXHIBIT P5. TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE IST RESPONDENT DATED 8.4.13.
2ND RESPONDENT(S)' EXHIBITS
EXT.R2(a): A TRUE COPY OF THE GOVERNMENTLETTER NO.21347/D2/08/AD DATED 19.1.2009.
EXT.R2(b): A TRUE COPY OF GO(P) NO.20/98/P&ARD DATED 14.7.1998.
3RD RESPONDENT'S EXHIBITS
EXT.R3(a): A TRUE COPY OF THE LETTER DT 19.1.2009 ISSUED FROM THE GOVERNEMNT OF KERALA TO THE PETITIONER.
EXT.R3(b): A TRUE COPY OF THE DISABILITY CERTIFICATE DT 16.3.2005.
EXT.R3(c): A TRUE COPY OF THE CERTIFICATE DT 14.9.2006 ISSUED FROM THE THRISSUR DAIRY OF THE PETITIONER ESTABLISHMENT.
EXT.R3(d): A TRUE COPY OF THE CERTIFICATE DT 4.11.2009 ISSUED FROM THE THRISSUR DAIRY OF THE PETITIONER ESTABLISHMENT.
Rp
//True copy//
PS to Judge
A.M. SHAFFIQUE, J.
============= W.P. (C) No. 13308 of 2013
==================
Dated this, the 10th day of December, 2015
J U D G M E N T
Petitioner challenges Ext.P1 order dated 27/4/2013 passed by the Government by which direction had been issued to appoint the 3rd respondent to the post of Technician (Fill Pack) Grade II in the Ernakulam Regional Co-operative Milk Producers' Union under the quota reserved for physically handicapped person. Further direction had been issued to the Managing Director to take immediate action to identify categories for which 3% vacancies are to be earmarked for physically handicapped person, as provided under the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995.
W.P(C) No.13308/2013
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selected and appointed. In the meantime, 3rd respondent had filed the writ petition before this Court challenging the non inclusion of physically disabled persons in the notification and this Court had directed the Government to consider the said issue. Government while considering the said issue called for certain clarification from the petitioner in terms of Ext.P4 dated 5/4/2013. Petitioner had given necessary clarifications as per Ext.P5. Pursuant to the same, Government considered the matter and passed Ext.P1 order. The main contention urged by the petitioner is that the explanation provided in terms of Ext.P5 have not been considered and the petitioner was not given an opportunity for hearing in the matter.
W.P(C) No.13308/2013
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W.P(C) No.13308/2013
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disabled. That apart, it is clear from the certificate issued by the petitioner on 14/9/2006 in favour of the 3rd respondent that he was working from 4/4/2005 to 14/9/2006 as Packing Machine Operator with the responsibilities of all electrical and electronic maintenance in the factory. It is also contended by the 3rd respondent that he was working in the said establishment as a contract employee.
Accordingly, this writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp10/12/2015
//True copy//
PS to Judge
2 issues framed by the court
Whether the writ petition challenging the Government order designating a post for physically handicapped persons warrants judicial interference.
Whether the petitioner was given an opportunity of hearing before the Government issued the direction appointing the 3rd respondent.
MANAGING DIRECTOR, ERNAKULAM REGIONAL CO-OP.MILK PRODUCERS UNION LTD EDAPPALLY
STATE OF KERALA REP.BY SECRETARY, AGRICULTURAL DAIRY DEPARTMENT
DIRECTOR OF DAIRY DEVELOPMENT PATTOM
DIAS DAVIS M
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
