IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6664 of 2010(G)
1. ABDUL KALAM K.M., S/O.MUHAMMEDALI,
... Petitioner
Vs
1. PLANTATION CORPORATION OF KERALA
... Respondent
2. THE GENERAL MANAGER (C) PLANTATION
3. THE MANAGER, KODUMON ESTATE,
4. FIELD EXECUTIVE, B2 DIVISION,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :15/03/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P. (C) No. 6664 OF 2010
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Dated this the 15th day of March, 2010
J U D G M E N T
The petitioner is presently working as a field worker in the
Kodumon estate belonging to the Plantation Corporation of Kerala. On
account of his physical ailment, as evidenced by Exts.P5 and P6
certificates, the petitioner has been requesting before the authorities for
a category change or for providing him work involving light duties. He
submitted Ext.P10 representation dated 9.11.2009 before the first
respondent. It was the delay in considering the said representation
that constrained the petitioner to approach this Court by filing this writ
petition. During the pendency of this writ petition, the petitioner has
submitted yet another representation before the first respondent and the
same is produced along with I.A. No.3759 of 2010, as Ext.P11. The
petitioner submits that he has incorporated all his grievances in Ext.P11
and the respondents may be directed to consider Ext.P11 expeditiously.
2. It is true that requests pertaining to category change or to
provide light duties by an employee on account of physical ailment, are
matters for consideration of the concerned employer. However, when
medical certificates are produced by an employee, after being subjected
to examination by a competent medical board, carrying recommendation
WPC. No.6664/2010
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for assignment of such duties, it cannot be ignored. In this case, the
petitioner has produced Exts.P5 and P6 medical certificates. He has
also explained the difficulties experienced by him and the circumstances
under which he claims for a category change or for providing light
duties.
In the above circumstances, the first respondent is directed to
consider Ext.P11 expeditiously and pass orders thereon within a period
of one month form the date of receipt of a copy of this judgment.
Considering the claim put forth by the petitioner in his representation, it
will only be appropriate to afford him an opportunity of personal hearing.
The writ petition is disposed of as above.
C.T. RAVIKUMAR, JUDGE
vps