The court emphasized the necessity of reassessing disability for accommodation in employment, affirming non-discrimination principles under relevant disability laws.

JUDGMENT :

MURALEE KRISHNA, J.

1. The petitioner in W.P. (C) No.12233 of 2021 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, being dissatisfied by the judgment dated 10.08.2023 passed by the learned Single Judge, whereby that writ petition filed by the appellant under Article 226 of the Constitution of India was disposed of by issuing various directions.

2. According to the appellant, he entered service in the 4^th respondent Kerala State Electricity Board on 16.05.1998 as an Electricity Worker ITI, in its electrical section at Peringottukara in Thrissur District. While he was on duty, on 14.09.1998, he had a fall from an electric post and suffered severe injury which resulted in developing nervous disorder. Consequent to the same, he has been suffering from 45% 'Bipolar disorder'. The appellant was unable to perform his official duties owing to his illness. Therefore, he made an application claiming benefits under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (‘the Act’ in short). On the request of the appellant, the 2^nd respondent issued Ext. P1 Communication dated 06.09.2012, directing the appellant to appear before the Appellate Medical Board, Medical College, Thiruvananthapuram for assessing his disability.

2.1. In pursuance to Ext.P1 letter, the appellant appeared before the Appellate Medical Board and after examination, by Ext.P2 Certificate dated 13.02.2013 issued by the Medical Appellate Board, he was assessed with a disability of 45% and it was categorized as severe 3. The duration of illness is noted as 8 years. The appellant then submitted Ext.P3 representation dated 21.03.2013 to the 5^th respondent detailing the fact that he is unable to perform his official duties due to illness and requested to create a supernumerary post and accommodate him against such a post as mandated in Section 47 of the Act.

2.2. The appellant was made to compulsorily retire from service by an order dated 21.04.2014 issued by the 5^th respondent, against which he filed a statutory review petition before the 1^st respondent. He further approached this Court by filing W.P.(C)No.8745 of 2024, in which Ext.P4 judgment was passed directing the 1^st respondent to consider the appeal filed by the appellant after taking into account Ext.P14 legal opinion produced in that writ petition. The law department again gave Ext.P5 legal opinion dated 04.08.2015 stating that the appellant is entitled to salary as well as all the service benefits irrespective of the fact whether he was present or absent for duty from the date he fell ill.

2.3. By Ext. P6 Order dated 13.05.2015, the 1^st respondent directed the 4^th respondent Board to create a supernumerary post and to accommodate the appellant against such vacancy in accordance with Section 47 of the Act. It was further directed that the period in which the appellant was absent for duty and the period after giving compulsory retirement shall be regularized as leave without allowances. The appellant then submitted Ext.P7 representation dated 25.05.2015 to the 1^st respondent for review of Ext.P5 order and for disbursal of salary and other benefits to him from 2005. The 5^th respondent issued Ext.P8 order dated 15.09.2015, appointing the appellant to the Supernumerary Post of Overseer in TMR Division, Thirumala. In that order, it was directed to regularize the period of absence and to treat the period after compulsory retirement as LWA. The appellant then submitted Ext.P9 representation dated 01.12.2015 to the 5^th respondent requesting pay and allowances for the period from 04.10.2004. The 5^th respondent sought clarification from the 4^th respondent whether the salary and other benefits could be disbursed to the appellant as the incumbent needed to submit a duly signed joining report before the officer concerned. To this query, the 4^th respondent issued Ext.P10 Note dated 14.12.2015 stating that the Government has acco