T.JEYAKUMAR Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner was appointed as Motor Operator in Reethapuram Town Panchayat on 16.07.2001. As on today, he is working as Electrician Helper. His duty involves climbing of electric poles. According to him, he is suffering from Vertigo disease. Hence, according to him, he could not climb post. He has also produced medical certificate to the aforesaid effect. Based on the same, he has filed this writ petition seeking for direction to respondents to provide him alternate employment that does not involve climbing of poles with pay protection.

(2.) ,The second respondent has filed counter affidavit stating that the Council decided not to give any alternate employment and rejected the claim of the petitioner.

(3.) In my view, the second respondent could not simply reject the claim of the petitioner without verifying the correctness of the statement made by the petitioner as to his unfitness to the post of Electrician Helper. If he acquires disability to discharge the duty of Electrician Helper, then certainly, he is entitled to protection under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It is useful to extract Sec. 47 of the Act.