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HIGH COURT OF KERALA
P.V.ASHA, J
B USHA KUMARI – Appellant
Versus
THE DIRECTOR – Respondent
WRIT PETITION (CIVIL) 22907/2017
Disability - Employment - Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 - Section 3 - The court directed the consideration of the petitioner's representation for regularisation under the reservation quota due to disability, emphasizing compliance with legal provisions for the employment of persons with disabilities.
Fact of the Case:
The petitioner, with a 50% disability, has been employed as an Office Assistant since 2008. She applied for regularisation under the 3% disability reservation quota due to inaction on her previous representations regarding her status as a handicapped employee.
Finding of the Court:
The court found the petitioner's claims legitimate, noting that she was entitled to consideration for regularisation based on reports submitted to the Government and that her rights under the Persons with Disabilities Act should be addressed.
Issues: Whether the petitioner, being handicapped, is entitled to regularisation of her employment under the provisions of the Persons with Disabilities Act and the recommendations made by the relevant Executive Committee.
Ratio Decidendi: The court underscored the importance of adhering to statutory provisions designed to protect the rights of disabled individuals in employment and mandated a review of the petitioner's representation.
Final Decision: The court ordered the second respondent to consider the petitioner's representation and provide a decision within two months while allowing her to continue working.
JUDGMENT
The petitioner who is an orthopedically handicapped with a disability of 50%, is working as an Office Assistant in the IHRD College of Engineering, Kottarakkara under the 2nd respondent. She was originally appointed in January 2008 on being sponsored by the Employment Exchange. She was appointed as per Ext.P4 order and thereafter her appointment was made on daily wage basis. Petitioner points out that as per Ext.P6 letter, the 3rd respondent had called for the details of handicapped persons as per Ext.P6, based on which the Principal of College had furnished the details of the petitioner and another.
2. Petitioner also points out that as per Ext.P8 report submitted by a Committee appointed by an Executive Committee of the 2nd respondent, several recommendations were made including 3% reservation and identification of posts to the physically handicapped persons. The petitioner points out that the Principal had submitted Ext.P11 report, when a report was called for by the Government, on a representation submitted by the petitioner, furnishing the qualification, experience and conduct of petitioner who has been working as Office Assistant since 11.02.2008, on her appointment through Employment Exchange. As no action was taken, petitioner submitted Ext.P13 representation requesting for regularising her appointment under 3% reservation quota, in the light of her disability at 50% and the fact that the appointments are not made under the 2nd respondent in terms of the provisions contained in Persons with Disabilities (Equal Opportunity Protection of rights and full participation)Act, 1995. Petitioner also apprehends termination of her services for want of regularisation.
3. I heard the learned counsel for the petitioner and the learned Standing Counsel.
4. As the petitioner has already approached the 2nd respondent with Ext.P13 representation, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P13 representation, after affording an opportunity of hearing to the petitioner, in the light of Ext. P8 Ext.P11 reports, within a period of two months from the date of receipt of a copy of this judgment.
Till such time the petitioner shall be allowed to continue.
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