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2016 Supreme(Online)(KER) 9918
HIGH COURT OF KERALA
SHAJI P.CHALY, J
BISWAS T – Appellant
Versus
THE DISTRICT TRANSPORT OFFICER – Respondent
WRIT PETITION (CIVIL) 19651/2016
Health-related job modifications require careful reconsideration and a fair legal process.
Headnote:
Employment - Writ Petition - Not specified - The court recognized the petitioner's health condition which necessitated a re-evaluation of his job category and directed a timely decision regarding his change in employment status.
Fact of the Case:
The petitioner, a KSRTC driver since 2007, experienced a heart attack in 2011, leading to an 83% disability certification and requesting a permanent change to a light duty role.
Finding of the Court:
The court directed the first respondent to consider the petitioner's application for a category change in accordance with the law, ensuring he is granted a hearing and a decision is made within one month.
Issues: Whether the petitioner's request for a change in job category due to health issues should be considered and what procedural safeguards should be adhered to in making that decision.
Ratio Decidendi: The court emphasized the importance of considering health-related job modifications in accordance with disability rights, ensuring fairness in the decision-making process.
Final Decision: The writ petition was disposed of by directing the reconsideration of the petitioner's application for job category change.
JUDGMENT
Petitioner has filed this writ petition seeking direction to the first respondent to change the category of the petitioner from Driver to any other light duty category permanently and for other related reliefs.
2. Brief facts for the disposal of the writ petition are thus:-
Petitioner is a driver in KSRTC appointed through Kerala Public Service Commission in the year 2007. Petitioner met with a severe heart attack in the year 2011. Doctors advised rest for six months and then joined duty for light duty on request.
3. It is the contention of the petitioner that, due to the cardiac problem, petitioner has impaired hearing and medical board certified his disability at 83% .
4. Learned counsel for the petitioner reiterated the contentions raised in the writ petition.
5. Having heard learned respective counsel I am satisfied that, a direction can be issued to the first respondent to consider the aforesaid application filed by the petitioner, in accordance with law. Accordingly, there will be a direction to the first respondent to consider the same, after providing an opportunity of hearing to the petitioner and take a decision on the same in accordance with law, at the earliest and at any rate, within a period of one month from the date of receipt of a copy of this judgment.
6. Till such time, petitioner may be permitted to continue in the light duty.
Writ petition is disposed of accordingly.
