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2017 Supreme(Ker) 14

P.V.ASHA
MADHU S. , S/O. SIVASANKARA PILLAI – Appellant
Versus
TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD, SECRETARIAT, THIRUVANANTHAPURAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.G.KRISHNAKUMAR, SMT.M.L.REMYA.
For the Respondent: SRI.T.K.AJITH KUMAR, SC, SRI.A.N.RAJAN BABU, SC, GOVT. PLEADER SRI.B. UNNIKRISHNA KAIMAL

JUDGMENT :

Petitioner is working as Watcher in Chakangari Devaswom in Ambalapuzha Group under the first respondent-Travancore Devaswom Board. He is a physically handicapped person with hearing impairment and his disability is certified as 42%, in Ext.P2. Claiming appointment to the post of L.D Clerk/Sub group Officer under the 3% quota to be reserved for the physically handicapped under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the 'Act'), petitioner submitted representations Exts.P3, P4 and P5 before the respondents. Apart from that, he submitted another representation Ext.P6 before the Secretary to Social Justice Department. On receipt of the representations submitted by him, the Commissioner of Devaswom had called for a report from the Assistant Commissioner who forwarded Ext.P7 report furnishing the details of qualification, the particulars of service as well as percentage of disability of the petitioner. Seeing that the respondents were not taking any action for appointment in terms of the provisions contained in the Act, he filed this writ petition praying for a direction to the respon



















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