The petitioner while working as Driver in the 1st respondent Corporation became incapacitated to perform duties, due to severe illness developed. The petitioner was assigned light duty on the basis of Medical Certificates produced, initially for a period of 3 months. The period of light duty was subsequently extended periodically. In Ext.P1 application the petitioner applied for a permanent change of category as “Store Issuer”. Since such request was not considered the petitioner had approached this court on an earlier occasion, in W.P (c) No.25678/2013. In Ext.P2 judgment this court observed that the 1st respondent is bound to consider the request of the petitioner and to take a decision as to whether he is entitled for a category change, either under the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 or under the terms of the scheme permitting change of category. It is further made clear that the 1st respondent Corporation will be at liberty to ascertain the extent of disability acquired by the petitioner, by referring him for medical examination by any competent authority. The 1st respondent was directed to take decision in the matter within a period of 2 months. Exhibit P3 is the consequential order issued. The 1st respondent found that the petitioner had not produced any documents to prove that he is eligible for the benefits envisaged under Section 47 of the Act, because he has not acquired any 'disability' as defined under the Act. With respect to the request for change of category under the scheme, the petitioner was granted time for producing permanent disability certificate till 28-02-2014, allowing him to continue in the sanctioned light duty post. It was informed that there is no vacancy of 'Store Issuer' and in case if the petitioner submits application for category change as 'Pump Operator' it will be considered as per Rules and norms of the Corporation.
2. It is stated that pursuant to Ext.P3 the petitioner had submitted Ext.P4 application for category change as 'Pump Operator' supported with Medical Certificates issued by the District Medical Board. But the request was not considered till date and the petitioner was compelled to be relieved from the light duty assignment. The petitioner points out that in various instances category change as 'Store Issuer' was permitted by virtue of Exts.P5 & P6 orders. Hence the petitioner seeks declaration from this court to the effect that he is entitled for change of category as Store Issuer and also seeks consequential direction to issue requisite orders permitting change of category with retrospective effective.
3. Despite various adjournments granted, the Standing Counsel appearing on behalf of respondents is not in a position to get instructions in the matter. Evidently the petitioner is compelled to approach this court on repeated occasions for redressal of his grievance. It is highly unjustifiable on the part of the respondents in not considering Ext.P4 application despite Ext.P3 proceedings in which the petitioner was requested to submit application seeking change of category as 'Pump Operator'. Exhibit P3 order was seen issued as early as in February, 2014.
According to the petitioner Ext.P4 application was submitted in the said month itself. Despite lapse of about 4 months no decision is seen taken. The above aspect illustrate the manner in which administrative affairs are dealt with in the office of the 1st respondent. This court is of the considered opinion that the petitioner should be granted relief immediately.
4. Therefore this writ petition is disposed of by directing the 1st respondent to issue necessary orders permitting change of category as 'Pump Operator', on the basis of Ext.P3 order and Ext.P4 application. Necessary orders in this regard shall be issued within 2 weeks of the date of receipt a copy of this judgment.
5. Till orders as directed above is issued, the petitioner shall be permitted to continue in the light duty assigned to him at present in the very same station.
AMG Sd/-
C.K. ABDUL REHIM, JUDGE.
Paragraphs 4 & 5 of the judgment dated 24-06-2014 in W.P (c) No.14884/2014 are modified as follows, vide order dated 17-09-2014 in R.P No.689/2014:
Para. 4 : “Therefore this writ petition is disposed of by directing the 1st respondent to consider Ext.P4 application submitted by the petitioner based on Ext.P3 order, seeking change of category as 'Pump Operator', on the basis of all supporting documents produced along with the said application. A decision with respect to permitting the change of category shall be taken by the 1st respondent, after affording opportunity of personal hearing to the petitioner. It will be left open to the petitioner to adduce further evidence if any with respect to the claim. A decision in this regard shall be taken, if necessary, after referring the petitioner for further medical examination. The first respondent shall take a decision in the matter at the earliest possible at any rate within a period of two months from the date of receipt of a copy of this judgment.”
Para.5 :“Till such order is passed as directed above, the petitioner shall be permitted to continue in the light duty assigned to him at the time when this writ petition was pending.”
Sd/- Registrar (Judicial) True copy P.A to Judge