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K.Manoharan Nair vs State Of Kerala on 16 July, 2008

Kerala High Court
K.Manoharan Nair vs State Of Kerala on 16 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17248 of 2007(C)


1. K.MANOHARAN NAIR, AGED 53 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE PRESIDENT,

3. THE SECRETARY,

4. THE DEVASWOM COMMISSIONER,

                For Petitioner  :SRI.K.L.NARASIMHAN

                For Respondent  :SRI.M.K.CHANDRA MOHANDAS

The Hon'ble MR. Justice V.GIRI

 Dated :16/07/2008

 O R D E R
                          V.GIRI,J.
                     -------------------------
                 W.P ( C) No.17248 of 2007
                     --------------------------
               Dated this the 16th July, 2008

                       J U D G M E N T

Petitioner is working as Panchavadyam Performer in

the Punnapuram Krishnan Kovil at Trivandrum.

According to him, he was injured in an accident that took

place on 19.12.1999, when he was actually on duty in the

temple premises. He was admitted to the Government

Medical College Hospital in Trivandrum and according to

him, he was subjected to chest pain. He finds it difficult

to play the Panchavadyam instrument. He therefore

sought for a category change by way of appointment as

Peon. The stand taken by the Devaswom Board is that

there is no vacancy in the post of Peon. Devaswom Rules

do not permit the petitioner `s claim to be considered.

2. In my view, if there is a genuine disability

incurred by a person in discharging the duties assigned to

him or which is assigned to the post as such, the Board

shall look into the question as to whether he can be

W.P ( C) No.17248 of 2008
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fruitfully employed in another post of equated category,

especially where there is no additional financial

commitment incurred by the Board. Petitioner is due to

retire in November, 2008.

3. In the circumstances, the Board shall consider

Exhibits P4 and P14 representations and take a decision

thereon within a period of one month from the date of

receipt of a copy of this judgment.

Petitioner shall produce a copy of the writ petition

along with copy of this judgment before the Board for

compliance.

(V.GIRI, JUDGE)

ma

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(V.GIRI, JUDGE)
ma

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