Petitioner sought appointment in handicapped quota. Court dismissed claim for 2009 vacancy due to delay. Directs respondents to consider petitioner in next vacancy without technicalities.
Directed respondents to consider petitioner's case for the next arising vacancy under the handicapped quota without insisting on technicalities.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 15164 of 2010 (U)
PETITIONER(S):
GOPAKUMAR.T, AGED 35 YEARS, S/O.THANKAMANI, MANI BHAVAN, T.C.80/2527 (U), MADHAVAPURAM, TITANIUM P.O., TRIVANDRUM-695 021.
BY ADV. SRI.J.JAYAKUMAR
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,, DEPARTMENT OF INDUSTRIES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE CHIEF MANAGER (HR), TRAVANCORE TITANIUM PRODUCTS LTD., KOCHUVELI, THIRUVANANTHAPURAM-21.
3. THE CHAIRMAN AND MANAGING DIRECTOR, TRAVANCORE TITANIUM PRODUCTS LTD., KOCHUVELI, THIRUVANANTHAPURAM-21.
***(ADDITIONAL R4 AND R5 IMPLEADED AS PER ORDER DATED 13.12.2010 IN I.A.NO.17069/2010)**
R2 & R3 BY ADVS. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN SRI.B.S.KRISHNAN(SR.)SC,TRAVANCORE TITANIUM
R1 BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 15164 of 2010 (U)
APPENDIX
PETITIOENER'S EXHIBITS:
| EXT.P1: | COPY OF THE CALL LETTER DATED 23.10.2009 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXT.P2: | COPY OF THE CALL LETTER DATED 26.11.2009 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P3: | COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL BOARD. |
| EXT.P4: | COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE INDUSTRIES MINISTER DATED 16.1.2010. |
| EXT.P5: | COPY OF THE LETTER DATED 17.04.2010 ISSUED BY THE LBS. |
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
DEVAN RAMACHANDRAN, J.
W.P.C.No.15164 of 2010
Dated this the 17th day of December, 2016
J U D G M E N T
The petitioner, who claims to a handicapped person, supported by a disability certificate from the Medical Board, showing his permanent disability to be 40%, had applied for employment with the Travancore Titanium Products Ltd. under the handicapped persons quota. His grievance is that he was not appointed and additional respondents 4 and 5 were appointed in preference to him.
W.P.C.No.15164/2010
2
W.P.C.No.15164/2010
3
the 2nd and 3rd respondents consider the case of the petitioner without insisting on technicalities but recognizing fairly that he is a person who has been waiting for justice for the last several years. For this purpose, the petitioner may produce a copy of this judgment along with an application for appointment before the 2nd and 3rd respondents, who shall then consider the case of the petitioner as expeditiously as possible and as and when a vacancy arise in order to accommodate the petitioner. This writ petition is disposed of as above.
In the facts and circumstances of this case, I make no order as to costs and the parties are directed to suffer their respective costs.
Sd/-
DEVAN RAMACHANDRAN JUDGE
TRUE COPY
P.A TO JUDGE
DG
3 issues framed by the court
Whether the petitioner, a physically handicapped person, is entitled to appointment in the next arising vacancy under the handicapped quota.
Whether the delay in filing the writ petition precludes appointment in the specific vacancy that arose in 2009.
Whether the respondents should consider the petitioner's case without insisting on technicalities.
Gopakumar.T
State of Kerala
Chief Manager (HR), Travancore Titanium Products Ltd.
Chairman and Managing Director, Travancore Titanium Products Ltd.
Prasad P.S.
Unnikrishnan A.G.
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
