Employers are not obliged to change an employee's cadre solely based on health conditions if reasonable accommodations are provided.

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Petitioner, who is presently working as General Helper in the Guest House of the Travancore Cements Limited at Nattakam, seeks to direct the respondents to accommodate her assigning lighter duties in the light of Ext.P8 judgment or in the alternative accommodate her in the post of Office Attender / Peon considering her physical ailments and medical reports.

2. The petitioner states that she was originally appointed on compassionate grounds consequent to the demise of her husband. The initial daily wages appointment was regularised and the petitioner was appointed as General Helper with effect from 12.07.2021. While working so, the petitioner developed Resistant / Rebound Tennis Elbow. She took treatment from District Ayurveda Hospital. The Company subjected the petitioner to medical examination by a Medical Board. The Medical Board reported that she is unable to do her duties as General Helper.

3. The petitioner submitted representation to accommodate her in the post of Office Attender / Peon considering her physical ailment. The petitioner approached this Court filing W.P.(C) No.38215/2023. This Court directed the 2^nd respondent to take up the petitioner's representation in the light of medical reports and pass appropriate orders.

4. The Company subjected the petitioner for medical examination again. The Medical Board reported that the petitioner is physically weak and requires detailed neurological examination. In the meanwhile, a vacancy of Office Attendant arose on 31.05.2024. The petitioner filed W.P. (C) No.18923/2024. The said writ petition was disposed of as per Ext.P8 judgment recording the undertaking given by the respondents that the petitioner has been assigned light duty in the Guest House.

5. Pursuant to the said Ext.P8 judgment, the petitioner was assigned light duties in the Guest House. The petitioner states that her physical condition is deteriorating day by day and she finds it difficult to do the entire cleaning work without any assistance. The Doctors have advised the petitioner to take rest. The petitioner submitted Ext.P11 representation dated 08.10.2025 seeking to accommodate her in the post of Office Attender / Peon considering her physical ailments. The respondents are not considering her request and hence the petitioner is before this Court.

6. The respondents filed counter affidavit. The respondents stated that pursuant to the judgment in W.P.(C) No.38215/2023, the Company assigned lighter duties to the petitioner, reducing her field of duty considerably and also granting permission to take intermittent rest. The writ petitioner filed W.P.(C) No.18923/2024 seeking to accommodate her in the post of Office Attendant / Peon. This Court did not grant the prayer. The petitioner has again requested to accommodate her in the post of Office Attendant / Peon. The writ petition is without any merit.

7. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

8. The petitioner was granted compassionate appointment on 01.07.2021 on daily wage basis. The appointment was regularised soon with effect from 12.07.2021 and the petitioner was accommodated in the cadre of General Helper as per Ext.P1. When the petitioner developed Resistant / Rebound Tennis Elbow and stated that she is unable to do the duties of General Helper, the Company assigned lighter duties to the petitioner at the Guest House. The petitioner submits that she is not able to do even the light duty in the Guest House. The respondents would say that additional workers are being deployed at the Guest House to avoid overstrain for the petitioner.

9. Heard.

10. Now, the petitioner's prayer is to assign still lighter duties or to appoint her as Office Attendant / Peon. The pe