IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32763 of 2007(A)
1. S.MURALIDHARAN, LOWER DIVISION CLERK,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF CIVIL SUPPLIES,
3. THE DISTRICT SUPPLY OFFICER,
For Petitioner :SRI.V.CHITAMBARESH
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :21/11/2007
O R D E R
V.GIRI,J.
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W.P ( C) No. 32763 of 2007
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Dated this the 21st November, 2007
J U D G M E N T
The petitioner joined the Civil Supplies Department on
31.5.2001 as L.D.Clerk. The petitioner is a physically
handicapped person. According to him, his probation has been
declared on 4.10.2004. But he was denied promotion to the
post of U.D.Clerk because he has not passed the Departmental
Language test. According to the petitioner, the Government
has issued several orders granting exemption to deaf students
from the study of regional languages. He makes a reference
to G.O (MS) Rt No.135/88/G.Edn dated 1.9.1983. Petitioner
refers to the provisions under the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995.
2. Petitioner submits that the Government has power to
grant exemption from acquiring qualification prescribed as
per Rule 10 (aaa) of Part II of the Kerala State and Subordinate
Service Rules, 1958. Petitioner also submits that he is not able
to pass any test in language only because of a severe hearing
impairment on account of which his permanent disability has
W.P ( C) No. 32763 of 2007
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been assessed at 90%. He has brought his grievance to the
Government by Exhibit-P15 produced along with I.A.
15110/2007. In my view,the Government should sympathetically
consider the petitioner’s case highlighted in Exhibit-P15. The
Government should also bear in mind the provisions of Persons
with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 which mandates that no person
shall be denied any promotion merely by reason of the disability
as such.
After having heard the learned counsel for the petitioner
and the learned Government Pleader, this writ petition is
disposed of directing the 1st respondent to look into Exhibit-P15
after hearing the petitioner or a representative, and take a
decision keeping in mind the provisions of the Disabilities Act,
within two months from the date of receipt of a copy of this
judgment.
(V.GIRI, JUDGE)
ma
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
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25th May, 2007