Kerala High Court
Byju S vs Kerala State Road Transport ... on 15 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:3119
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
WP(C) NO. 1654 OF 2026
PETITIONER:
BYJU S.,
AGED 54 YEARS,
S/O SOMAN PILLAI BIJU VILASAM,
ULIYANAD, KARAMCODE P.O,
CHIRAKARA,
KOLLAM DISTRICT (PUMP OPERATOR,
KSRTC, VENJARAMMOOD DEPOT),
PIN - 691579
BY ADVS.
SRI.N.SASIDHARAN UNNITHAN
SRI.A.E.ALIYAR
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED. BY THE MANAGING DIRECTOR KSRTC,
FORT, THIRUVANANTHAPURAM,
PIN - 695023
2 EXECUTIVE DIRECTOR (ADMINISTRATION),
OFFICE OF THE MANAGING DIRECTOR KSRTC,
FORT,
THIRUVANANTHAPURAM,
PIN - 695023
3 DISTRICT TRANSPORT OFFICER,
KSRTC, ATTINGAL DEPOT,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
2026:KER:3119
W.P.(C) No.1654/2026
:2:
4 ASSISTANT TRANSPORT OFFICER,
KSRTC, VENJARAMMOOD DEPOT,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695607
BY ADV.
SRI.AKHIL SURESH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:3119
W.P.(C) No.1654/2026
:3:
JUDGMENT
Dated this the 15th day of January, 2026 The petitioner states that he is a Person with Disability and is aggrieved by denial of permanent light duty to him by the respondents. The petitioner was initially appointed as a Driver in the KSRTC. While working so, during 2016, he sustained vertebral injury causing severe pain on his neck and shoulder. He underwent surgery and follow up treatment as evident by Ext.P1 discharge summary.
2. Even after the surgery and treatment, there was no improvement in his condition and he sustained permanent disability to the extent of 45% as certified by the Medical Board by Ext.P3 certificate. Considering his disability, the KSRTC changed his category from Driver to a lower post as Pump Operator by Ext.P2 order.
2026:KER:3119 W.P.(C) No.1654/2026 :4:
3. While working as a Pump Operator, during 2023, he was affected with Hepatitis B and underwent treatment at the ESIC Model and Super Specialty Hospital, Kollam. Subsequently, he suffered severe diesel allergy, thereby he felt difficulty in working in the diesel pump. The District Medical Board issued Ext.P5 Medical Certificate to the effect that he is suffering from Diesel Allergy and recommended shifting of his job of pump operator.
4. The KSRTC Medical Board also gave Ext.P6 medical opinion to the effect that the petitioner is having diesel allergy and he is not fit to work in the diesel pump. As the petitioner became unfit to work at the diesel pump he was posted on other duty as Security Guard temporarily for two months by Ext.P7 which was extended by three months by Ext.P8 order and further extended for six months by Ext.P9 order dated 31.07.2025, which expires on 31.01.2026. The petitioner apprehends that he would be relieved from his light 2026:KER:3119 W.P.(C) No.1654/2026 :5: duty after 31.01.2026, and in such event he would be deprived of wages and livelihood.
5. The petitioner sustained disability during service. He is a Person with Disability as defined under the Rights of Persons with Disabilities Act, 2016, which is applicable to the KSRTC. The said Act is an enactment made on the basis of the United Nations Convention on the Rights of Persons with Disabilities. India was a signatory to the said convention and ratified the same. It is in the above background that the said legislation was made. Further, this being the law made by the Parliament, it will have precedence over other laws made by the State Legislature.
6. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
7. It is evident from the pleadings that the petitioner has been given light duty as Security Guard taking 2026:KER:3119 W.P.(C) No.1654/2026 :6: into consideration his disability and medical necessity. The petitioner has submitted Ext.P10 representation to permit him to continue with the light duty. In the facts of the case, taking into consideration the medical situation of the petitioner, it would be only just and proper that the 1st respondent considers Ext.P10 representation submitted by the petitioner and take appropriate decision thereon within a reasonable time.
The writ petition is disposed of directing the 1 st respondent to consider Ext.P10 representation and pass appropriate orders thereon within a period of two months. Status quo as regards the petitioner's continuance in the present post shall be maintained till a decision is taken on Ext.P10.
Sd/-
N. NAGARESH JUDGE SR 2026:KER:3119 W.P.(C) No.1654/2026 :7: APPENDIX OF WP(C) NO. 1654 OF 2026 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE SREE GOKULAM MEDICAL COLLEGE & RESEARCH FOUNDATION ON 25/5/2016 Exhibit P2 TRUE COPY OF THE MEMORANDUM NO.
E2/3070/16/CTNR DATED 30/12/2016 ISSUED FROM THE KSRTC Exhibit P3 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 9/9/2016 ISSUED BY THE STANDING DISABILITY ASSESSMENT MEDICAL BOARD Exhibit P4 TRUE COPY OF THE MEDICAL REPORT DATED 28/4/2023 ISSUED FROM THE ESIC MODEL AND SUPER SPECIALTIY HOSPITAL, KOLLAM Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE OF THE DISTRICT MEDICAL BOARD ATTACHED TO THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM DATED 24/8/2024 Exhibit P6 A TRUE COPY OF THE OPINION OF THE KSRTC MEDICAL BOARD DATED 20/11/2024 Exhibit P7 TRUE COPY OF THE MEMORANDUM NO.S001.A&VA6/399/24-ADM- KSRTC-HQ DATED 29/1/2025 ISSUED FROM THE KSRTC Exhibit P8 TRUE COPY OF THE MEMORANDUM NO.S001.A&VA6/399/24-ADM- KSRTC-HQ DATED 26/4/2025 ISSUED FROM THE KSRTC Exhibit P9 TRUE COPY OF THE MEMORANDUM NO.S001.A&VA6/399/24-ADM- KSRTC-HQ DATED 31/7/2025 ISSUED FROM THE KSRTC Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 5/1/2026 OF THE PETITIONER SENT TO THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT NO. TPL/32/06/2026 DATED 5/1/2026 ISSUED BY THE 3RD RESPONDENT.