Back
2011 Supreme(Online)(KER) 2421
HIGH COURT OF KERALA
HARUN-UL-RASHID, J
S BIJU – Appellant
Versus
KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
WRIT PETITION (CIVIL) 21112/2011
Individuals with disabilities are entitled to suitable alternate employment and necessary evaluations under the Persons with Disabilities Act.
Headnote:
Disability - Employment Rights - Persons with Disabilities Act - Section 47(1) - The court recognized the entitlement to suitable alternative employment and the necessity of medical evaluation to determine the extent of disability and suitable job placement within the corporation.
Fact of the Case:
The writ petition was filed by a handicapped individual seeking to quash orders and for alternative employment due to a serious accident that resulted in a 50% permanent disability.
Issues: Whether the petitioner is entitled to suitable alternative employment under Section 47(1) of the Persons with Disabilities Act considering his disability.
Ratio Decidendi: The court held that individuals with disabilities are entitled to reasonable adjustments in employment, including alternative roles suited to their capabilities.
Final Decision: The petition was disposed of with directions for a medical examination and appropriate orders to be made thereafter.
JUDGMENT
The writ petition is filed seeking to quash Ext.P11 and P12 order and for a declaration that the petitioner is entitled to suitable alternative employment in the respondent corporation and for other incidental reliefs.
2. The petitioner submits that he is a handicapped person with 50% permanent physical disability and therefore entitled to alternate employment. While in service the petitioner met with a major motor vehicle accident on 10.1.2007. Ext.P1 is the wound certificate. Ext.P2 is the treatment certificate issued from the Ananthapuri Hospital dated 19.1.2007. It is stated in Ext.P2 that the patient is now unconscious and is in Neuro Surgical I.C.U care and that he has severe head injury with diffuse axonal brain injury and Multiple Orbito facial fractures and he needs ICU care and intensive supportive care for next six weeks. Ext P3 is another treatment certificate issued by the same hospital. The injury noted are RTA, diffuse axonal injury, fracture (R) zygoma, fracture(R) orbital lateral wall. Ext.P4 is another certificate issued by the same hospital were the same injuries are noted. The petitioner submits that even after expert treatment the petitioner is suffering from paralysis of his right side body and that his right hand and leg became immobile. Considering the physical disability of the petitioner and his inability to work as conductor, the respondent Corporation posted him to light duty at Chadayamangalam Depot initially for a period of 6 months from 17.3.2008. Thereafter the Corporation allowed periodical extension of light duty to the petitioner from time to time. Ext.P6 is the disability certificate issued by the District Hospital, Kollam, dated
3.12.2010 certifying that the petitioner is handicapped by Hemiparesis on right side of his body and is having 50% permanent disability. Ext.P10 is the copy of the memo by which the Corporation permitted the petitioner to continue light duty in the Store Section.
3. In the light of the aforesaid documents the petitioner claims that he is entitled to suitable alternate employment in the respondent corporation and other benefits under Section 47 (1) of the Persons With Disabilities Act. The learned standing counsel for the Corporation submitted that the present light duty arrangement will not be disturbed till a final decision is taken. The petitioner is also free to apply for category change if for any reason the respondent Corporation is of the view that he is not entitled to light duty arrangement.
In the light of the submission made by the counsel for the 1st respondent the writ petition is disposed of directing the petitioner to subject himself to medical examination by the medical board under the director of Helth Service, Thiruvananthapuram within two weeks from today. The first respondent corporation shall after considering the report of the medical board shall pass appropriate orders after affording an opportunity of being heard to the petitioner within a period of one month thereafter.
HARUN-UL-RASHID, Judge.
mns/-
