IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23209 of 2007(K)
1. A.N.MOHANAN, SUB ENGINEER, K.S.E BOARD,
... Petitioner
Vs
1. KERALA STATE ELECTRICY BOARD,
... Respondent
2. THE CHIEF ENGINEER (HRM) K.S.E.BOARD,
3. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/01/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) NO:23209 of 2007
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Dated this the 2nd day of January, 2009
JUDGMENT
The petitioner is a physically handicapped person having 40%
disability. This is evidenced by Ext.P1 Certificate. He was initially
appointed on a provisional basis under the first respondent, Kerala
State Electricity Board as a Sub Engineer. The petitioner had been
regularised in service with effect from 13-10-1999 as per Ext.P2.
According to him, going by the provisions of the Central Act namely the
Persons with Disabilities (Equal Opportunities Protection of Right and
Full participation) Act, 1995, he is entitled to further promotion to the
next higher posts. It is also stated that the first respondent and the
recognised trade unions representing the employees had entered into a
long term settlement on 27.2.07 wherein specifically under clause 32 a
provision has been made to the effect that special promotion rules to
physically handicapped employees in 3% quota will be implemented by
the Board after identifying the eligible categories. According to the
petitioner his qualification is Diploma in Electrical Engineering and even
though 84 Sub Engineers having the same qualification and who have
been directly recruited by the Public Service Commission were promoted
so far no action has been taken to identify the posts or apply the
principle envisaged in the case of persons who are physically
handicapped.
wpc:23209/2007
2
2. The respondents have filed a counter affidavit. In paragraph 5, it is
admitted that the provisions of Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act 1995, is
applicable to the Kerala State Electricity Board. According to the Board it
has been decided vide the terms of settlement dated 28-2-2007 that special
promotion rules to physically handicapped employees in 3% quota will be
implemented by the Board, after identifying the eligible categories. It is also
submitted that, an expert committee has to be constituted to identify the
posts in Class I and Class II for reservation to the physically handicapped
persons as done by the Government. It is further submitted that without
constituting an expert committee, no posts can be identified for reserving 3%
reservation for physically handicapped persons as envisaged under the Act.
3. It cannot be disputed that the Act in question confer appointment to
various categories of physically handicapped persons and no employer can
deny the said rights to the claimants. Herein the terms of settlement
provides for special promotion to them. Therefore, the implementation of
the provision cannot be denied by the respondents herein. Petitioner seeks
consideration of his claim for promotion in the said quota. He has filed
Ext.P6 representation before the second respondent seeking for appropriate
action in the matter. On going through the Counter affidavit filed by the
Board, the stand taken is that an expert committee has to be constituted in
the matter of identifying the posts etc. Therefore, further action has to be
wpc:23209/2007
3
taken by the first respondent itself expeditiously so that the benefits as
agreed to could be granted to such persons. Therefore, the first respondent
will take further action in the matter including constitution of an expert
committee within a period of four months from the date of receipt of a copy
of this judgment. Action to redress the grievance of the petitioner will be
taken thereafter and Ext.P7 representation will be considered on merits and
appropriate action will be taken within a further period of two months. In
the light of the directions issued above, Ext.P5 stands set aside.
This Writ Petition is disposed of as above.
T.R.RANACHANDRAN NAIR,
JUDGE
bps