High Court Kerala High Court

Abdul Kalam K.M. vs Plantation Corporation Of Kerala on 15 March, 2010

Kerala High Court
Abdul Kalam K.M. vs Plantation Corporation Of Kerala on 15 March, 2010
       

  

  

 
 
  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
: 2 :

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