JUDGMENT

The petitioners are differently abled persons. They are working as U.D Clerks in Kerala State Beverages Corporation at Ernakulam and Malappuram respectively, since 2014. According to the petitioners, the provisional seniority list for promotion to the post of Senior Assistant was published on 26.07.2021. The petitioners claimed that they are entitled for reservation in promotion in terms of Sections 33 and 34 of Right of Persons with Disabilities Act, 2016 (hereinafter referred to as “the Act”). Claiming the said relief, the petitioners have preferred Exts.P4 and P4(a) before the Kerala State Beverages Corporation as well as the Government.

2. Heard the learned counsel for the petitioners, the learned Standing Counsel for the respondents and the learned Government Pleader.

3. The learned Standing Counsel for Beverages Corporation submits that, Exts.P4 and P4(a) applications have been made over to the Secretary to Government Social Justice Department on 07.02.2022.

4. The learned Government Pleader submits that, the Secretary to Government Social Justice Department will take a decision on Exts.P4 and P4 (a), at the earliest, after hearing the petitioners.

5. Having regard to the facts and circumstances of the case, this writ petition is disposed of, with a direction directing the additional respondent, the Secretary, Social justice Department to consider Exts.P4 and P4(a) representations submitted by the petitioners which has been forwarded by the Kerala State Beverages Corporation on 07.02.2022, within a period of two months from the date of receipt of a copy of this judgment. Before passing orders on Exts.P4 and P4(a), the additional respondent shall hear the petitioners. The additional respondent shall pass orders on Exts.P4 and P4(a) after adverting to the contentions of the petitioners raised in the writ petition. The hearing shall be conducted either physically or in virtual mode. The order shall be communicated to the petitioners. The petitioners shall produce a certified copy of this judgment along with a copy of the writ petition with exhibits before the additional respondent for compliance.

6. It is made clear that, I have not expressed any opinion on the merits of the case and the contentions of the petitioners in the writ petition are left open. Before passing an order as above one of the officials of the 3rd respondent authorised by them shall also be heard.

The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR

APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 COPY OF THE RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST DATED

26/07/2021.

EXHIBIT P2 COPY OF THE DISABILITY CERTIFICATE OF THE 1ST PETITIONER.

EXHIBIT P3 COPY OF THE DISABILITY CERTIFICATE OF THE 2ND PETITIONER.

EXHIBIT P4 COPY OF THE REPRESENTATION PREFERRED BY THE 1ST PETITIONER DATED

07/10/2021.

EXHIBIT P4 (a) COPY OF THE REPRESENTATION PREFERRED BY THE 2ND PETITIONER DATED

08/10/2021.

EXHIBIT P5 COPY OF THE LETTER NO.R1C(3)28292/12/GW DATED 01/01/2013 ISSUED BY THE SECRETARY, KERALA PSC STATING THAT THE 1ST PETITIONER IS ADVISED FOR RECRUITMENT AS LD CLERK IN THE PH DEAF DUMB TURN.

EXHIBIT P6 COPY OF THE LETTER NO.RIC(3)28292/12/GW DATED 01/07/2013 ISSUED BY THE SECRETARY, KERALA PSC STATING THAT THE 2ND PETITIONER IS ADVISED FOR RECRUITMENT AS LD CLERK IN THE PH BLIND TURN.

EXHIBIT P7 COPY OF THE RELEVANT PAGES OF THE REPORT OF THE COMMITTEE FOR FORMULATION OF MODALITIES FOR IMPLEMENTATION OF 4% RESERVATION FOR PERSONS WITH DISABILITIES IN APPOINTMENTS.

RESPONDENTS'S EXHIBITS: NIL.