The Kerala High Court, on January 8, 2025, issued a bailable warrant against Dr. Rajan N. Khobragade, Additional Chief Secretary of the Health and Family Welfare Department, for failing to comply with court directives regarding the promotion of a government employee with a 40% locomotor disability.
The Division Bench of Justice A. Muhammed Mustaque and Justice C. Jayachandran took the decision after noting that Dr. Khobragade, despite being directed to ensure compliance or appear in person, failed to do so.
Rejecting a request by the Additional Advocate General for more time, the court observed, “Under these circumstances, we find no reason to accede to the request. Accordingly, we issue a bailable warrant against the additionally impleaded respondent.”
The case originated from a petition by Dr. Unnikrishnan, a government official with a disability, who alleged that the State's failure to provide lateral reservation in promotions violated the Rights of Persons with Disabilities Act, 2016. The petitioner sought promotion to the post of Deputy Director of Health Services, arguing that the State's inaction breached statutory mandates.
In 2023, the court ordered the Health Department to convene a Departmental Promotion Committee (DPC) to consider the petitioner’s eligibility. Despite repeated warnings, the department failed to act, leading the court to implead Dr. Khobragade in December 2024 as part of contempt proceedings.
The court underscored that denying lateral reservation for disabled employees eligible for promotion was unjustifiable unless specific grounds of unsuitability existed. Citing precedents such as Leesamma v. State of Kerala (2021) and A.K. Nair v. State of Kerala (2023), the Bench described the State’s stance as “palpably perverse and manifestly unreasonable.”
During the January 8 hearing, the State sought a two-week extension to comply, which the court denied, emphasizing the prolonged non-compliance. The matter is now scheduled for further hearing on January 20, 2025.
Cause Title: Dr B. Unnikrishnan v. Mohammed Hanish and Another [Cont. Case (C). No.2718/2023]
Representation: Advocates P. Nandakumar, Amrutha Sanjeev, Vivek Vijayakumar, and Indu C. Sreekumar represented the petitioner, while the Additional Advocate General appeared for the respondents.