IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8709 of 2009(G)
1. RATHY.K., W/O.GOPALAKRISHNAN, AGED 44,
... Petitioner
Vs
1. THE SUPERINTENDENT, GENERAL HOSPITAL,
... Respondent
2. THE DISTRICT MEDICAL OFFICER,
3. THE DIRECTOR OF HEALTH SERVICES,
4. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.JOHNSON MANAYANI
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/03/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) No. 8709 of 2009
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Dated this the 25th day of March, 2009
JUDGMENT
The petitioner is a physically handicapped person having
45% disability. She is a IInd Grade Nursing Assistant working
in the District Hospital, Ernakulam. In view of the disability she
was allowed to work as a Telephone Operator. The main
grievance raised in the Writ Petition is that presently the
accommodation given to her as Telephone Operator has been
withdrawn and the petitioner is assigned other duties in the
general ward which according to her is very difficult to perform.
In view of the disability, she will not be able to perform such
work in a satisfactory manner.
2. The learned Government Pleader on instructions
submitted that the petitioner was appointed as PTC through
Employment Exchange on 4.7.2000. She was promoted as
Hospital Attendant Gr.II as per order dated 21.8.2000.
Petitioner was allowed to work as Telephone Operator as the
post was remaining vacant in January, 2005. Subsequently, she
was promoted and posted as Nursing Assistant in the year 2006
and she was permitted to continue as Telephone Operator until
a qualified telephone operator is appointed in the post. As part
wpc:8709 of 2009
2
of providing various facilities and staff to the hospital for
obtaining accreditation of NABH, two new qualified Telephone
Operators were appointed and petitioner was reposted to the
ward. There is scarcity of Nursing Assistants also. It is pointed
out that considering her handicap (only 45%) the
Superintendent has made some internal arrangement and
posted her to OP for issuing OP tickets/IP registration etc.
3. In that view of the matter, the petitioner will abide by
the directions of the Superintendent and accept the said posting
since the same will be entirely different from the duty as
Nursing Assistant in the ward itself. Appropriate orders will be
passed within two weeks.
The Writ Petition is disposed of accordingly.
T.R.RAMACHANDRAN NAIR,
JUDGE
bps