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.
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W.P ( C) No.17248 of 2007
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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
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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)
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(V.GIRI, JUDGE)
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