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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Neyyattinkara Urban Co-Operative Bank Ltd. – Appellant
Versus
State Commissioner For Persons With Disabilities Office – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
1. The above writ petition is filed seeking to quash Ext.P4, whereby a direction was issued by the 1st respondent to appoint the 2nd respondent as peon in a permanent vacancy, within 30 days on receipt of a copy of the order.
2. The petitioner is an Urban Co-operative Bank coming under the regulatory regime of Banking Regulation Act and Kerala Co- operative Societies Act, 1969. The 2nd respondent, who is a physically disabled person, was employed as a peon on a daily wage basis in the petitioner bank. Later, his service was terminated. Thereupon, Ext.P1 petition was filed by the 2nd respondent before the 1st respondent seeking a direction to the petitioner bank for reinstatement in service. The 1st respondent called upon the petitioner for a hearing, and the petitioner submitted Ext.P3 written submission before the 1st respondent. The 2nd respondent produced a letter issued by the Assistant Registrar of Co-operative Societies (General) addressed to the petitioner to consider the 2nd respondent in any vacancy arising in future on humanitarian grounds. Thereafter by Ext.P4 order the 1st respondent directed the petitioner to appoint the 2nd respondent as peon
The State Commissioner for Persons with Disabilities cannot issue mandatory directions for appointments under the Rights of Persons with Disabilities Act, 2016, as such authority exceeds the powers c....
The State Commissioner for Persons with Disabilities lacks the authority to impose punitive measures, as its powers are strictly recommendatory under the Rights of Persons with Disabilities Act, 2016....
The court reiterates that when an alternate efficacious remedy exists, extraordinary jurisdiction under Article 226 should not be invoked, emphasizing the principle of exhausting statutory remedies.
Compassionate appointment under Rule 188A is limited to deceased employees; permanent disability does not qualify.
Powers of the Commissioner are confined to what is conferred under Section 80.
Subsequent government order denying persons with disabilities promotion and seniority violates constitutional rights, as regular appointments entitles them to equal treatment under the law.
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