KERALA WATER AUTHORITY Vs. SURENDRAN

JUDGEMENT

(1.) Whether the writ petitioner, who is a physically challenged person, appointed under Rule 9(a)(i) of Part II of the Kerala State and Subordinate Services Rules (for short K.S. & S.S.R) on 4.8.1998, on being sponsored by the Employment Exchange and who joined duty on 5.8.1998, in the post of Pump Operator under the Kerala Water Authority on daily wage basis, is entitled to re-appointment in service, is the point that arises for decision in this Writ Appeal.

(2.) The physically challenged are our less fortunate brothers. The fate has been cruel to them. Most of us, who are fortunate not to have physically challenged children, cannot fathom the depth of their pain and anguish, caused by their disability. It is the duty of the society to ensure that they are extended equal opportunities in all walks of life. Our Parliament has enacted the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, providing special protection to physically challenged persons, to enable them to gain equal opportunities in various fields, including the employment market where cut throat competition prevails and survival of the fittest is the rule. This legislation was framed, as evident from the preamble of the Act, to give effect to the Beijing Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. In a meeting to launch the Asian and Pacific Decade of the Disabled Persons, 1993-2002 held by the Economic and Social Commission for Asian and Pacific Region at Beijing from 1-12-1992 to 5-12-1992, a proclamation was adopted on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. India is a signatory to the said Proclamation. The Proclamation is on the following lines:

(3.) The facts of the case, as stated by the 1st respondent writ petitioner are the following: The writ petitioner suffers 40% physical disability, owing to defective eyesight. The same is certified by the Medical Board, as evident from Ext. P1 certificate. On being sponsored by the District Employment Exchange, Pathanamthitta, he was appointed as Pump Operator in the Kerala Water Authority at Pathanamthitta, by the 2nd appellant Executive Engineer, by Ext. P2 order dated 4.8.1998. The said order reads as follows: