MADHU Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) Petitioner is working as Watcher in Chakangari Devaswom in Ambalapuzha Group under the first respondent-Travancore Devaswom Board. He is a physically handicapped person with hearing impairment and his disability is certified as 42%, in Ext.P2. Claiming appointment to the post of L.D Clerk/Sub group Officer under the 3% quota to be reserved for the physically handicapped under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the 'Act'), petitioner submitted representations Exts.P3, P4 and P5 before the respondents. Apart from that, he submitted another representation Ext.P6 before the Secretary to Social Justice Department. On receipt of the representations submitted by him, the Commissioner of Devaswom had called for a report from the Assistant Commissioner who forwarded Ext.P7 report furnishing the details of qualification, the particulars of service as well as percentage of disability of the petitioner. Seeing that the respondents were not taking any action for appointment in terms of the provisions contained in the Act, he filed this writ petition praying for a direction to the respondents to implement the provisions contained in the Act, 1995 for appointment by transfer to the post of L.D Clerk/Sub group Officer under the Devaswom Board and for consequential directions.

(2.) The respondent Board has filed a statement stating that the reservation for physically disabled persons under the 1995 Act is admissible only for appointment by direct recruitment and not for promotion and therefore, the petitioner is entitled to get promotion only when his turn arises as per the rank assigned to him in the seniority list.

(3.) I heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.