Petitioner, a smith with a disability, challenged his placement as a Peon despite having Clerk qualifications. The High Court directed the Respondent Board to consider his representation for a category change grant.
Direction to the 1st respondent to consider and pass orders on the petitioner's representation within two months.
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 SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
WP(C).No. 1876 of 2018
PETITIONER:
RADHAKRISHNAN L S/O. ARJUNAN ACHARI, AGED 47, SARASWATHI VILASOM, VALAMCHUZY, PATHANAMTHITTA.
BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH
RESPONDENT(S):
1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, NANTHANCODE, TRIVANDRUM-695004.
2. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM-695004.
3. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695004.
BY SRI.K.SASIKUMAR, SC SRI.T.K.AJITH KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 1876 of 2018 (H)
APPENDIX
| **PETITIONER(S)' ** | EXHIBITS | |
|---|---|---|
| EXHIBIT-P1 |
TRUE COPY OF THE FROM THE GENERAL |
DISABILITY CERTIFICATE ISSUED HOSPITAL, PATHANAMTHITTA. |
| EXHIBIT-P2 |
TRUE COPY OF THE SUBMITTED BY THE |
REQUEST DATED 23/03/2017 PETITIONER BEFORE THE DEVASWOM BOARD |
| EXHIBIT-P3 | TRUE COPY OF THE | RECOMMENDATION DATED 21/03/2017 |
| EXHIBIT-P4 |
TRUE COPY OF THE 03/07/2017 |
ORDER NO.ROC 4033/17/EST-2 DATED |
| EXHIBIT-P5 |
TRUE COPY OF THE W.P(C) 21850/201 |
JUDGMENT DATED 14/07/2016 IN 0 |
| EXHIBIT-P6 |
TRUE COPY OF THE W.P(C) 24395/201 |
JUDGMENT DATED 09/10/2017 IN 7 |
| EXHIBIT-P7 |
TRUE COPY OF THE DATED 30/12/2017 |
ORDER NO. ROC 4033/17/ESTA-2 |
| EXHIBIT-P8 | TRUE COPY OF THE | ORDER DATED 05/06/2012 |
| EXHIBIT-P9 |
TRUE COPY OF THE DEVASWOM BOARD |
ORDER OF THE TRAVANCORE |
| EXHIBIT-P10 |
TRUE COPY OF THE 05/05/2017 |
MEDICAL CERTIFICATE DATED |
| EXHIBIT-P11 |
TRUE COPY OF THE 11/01/2018 |
MEDICAL CERTIFICATE DATED |
| EXHIBIT-P12 |
TRUE COPY OF THE COMMISSIONER |
REQUEST DATED 07/12/2017 TO THE |
| EXHIBIT-P13 | TRUE COPY OF THE 3RD RESPONDENT. |
ORDER DATED 10.6.2016 ISSUED BY THE |
| EXHIBIT-P14 | TRUE COPY OF THE DATED 10/11/2017. |
PROCEEDINGS OF DEVASWOM COMMISSIONER |
| EXHIBIT P15 | TRUE COPY OF THE | LETTER DATED 21/3/2016. |
| EXHIBIT P16 | TRUE COPY OF THE | REQUEST DATED 24.3.2018. |
| RESPONDENT'S E | XHIBIT | NIL /TRUE COPY/ |
PA TO JUDGE
PBS 6/4/2018
P.V.ASHA J.
-------------------------------------
W.P.(C).No.1876 of 2018
------------------------------------- Dated this the 4th day of April, 2018
JUDGMENT
Petitioner is working as a smith. On account
of disability incurred while in service, the petitioner had been requesting for category change.
was accommodated in the post of Peon on duty basis without loss of monetary benefits.
he is having the qualifications for appointment to the
post of Clerk and several orders have been issued by
the Board granting category change to Persons With
2
W.P.(C).No.1876 of 2018
Disabilities to similar posts based on their qualification. Pointing out all these, he has submitted Ext.P16 representation before the Board.
for a direction to the Board to consider Ext.P16 representation. Heard the learned Standing Counsel also.
In the above circumstances, there shall be a direction to the 1st respondent to consider and pass orders on Ext.P16 representation taking in to account all the orders the petitioner rely on, within a period of 'two months' from the date of receipt of a copy of this judgment.
This writ petition is disposed of
accordingly.
P.V.ASHA, JUDGE.
ww
3 issues framed by the court
Whether the respondent Board is directed to consider the petitioner's representation for category change post-disability.
Whether the Board must pass orders on the representation within a specified timeframe.
Whether the petitioner qualifies for appointment as Clerk considering the disability and qualifications.
Radhakrishnan L S/o. Arjunan Achari
The Travancore Devaswom Board, represented by the Secretary, Nanthancode
The Secretary, Travancore Devaswom Board, Nanthancode
The Commissioner, Travancore Devaswom Board, Nanthancode
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
