IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33659 of 2010(F) ------------------------------------ PETITIONER(S): ------------------- VIJAYA MOHANAN NAIR.C., S/O.CHELLAPPAN PILLAI, VEESUPALATHUNDIL VEEDU, KOTTARAKKARA, KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.C.SINOY RESPONDENT(S): -------------- ---------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY LAW (KLBF), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN 695001. 2. THE KERALA ADVOCATES' CLERKS WELFARE FUND COMMITTEE, REPRESENTED BY ITS SECRETARY, T.C.26/580(1) SERA-24, OOTTUKUZHY, THIRUVANANTHAPURAM P.O., PIN 695 001. NY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.33659 of 2010 -------------------------- Dated this the 18th November, 2010 J U D G M E N T Petitioner is an Advocate Clerk. On 23.6.2009, he made an application for membership in the Welfare Fund constituted as per the Kerala Advocate Clerks Welfare Fund Rules 2004. In terms of Rule 10 of the Rules, enquiry was conducted by the Welfare Fund Board and membership was granted to the petitioner on 20.3.2010. 2. In the meanwhile, petitioner's mother fell ill and finally expired in January, 2010. Petitioner made a claim for the benefits due under the welfare fund. Based on Ext.P2 report, the claim was rejected by Ext.P3 order dated 24.5.2010. Further representation made was also rejected by Ext.P4. It is challenging Exts.P3 and P4, this writ petition is filed. 3. The view taken in Exts.P2, P3 and P4 is that since the petitioner was granted membership only on 20.3.2010, medi-claim coverage is available only for the period from 2011 onwards and that since the claim pertains to the period before 20.3.2010, the same is inadmissible. The contention of the petitioner that since W.P (C) No.33659 of 2010 2 the application was made way back on 23.6.2009, petitioner is entitled to coverage from that point of time. However, a reading of Rule 10 (7) shows that on receipt of the application for membership, the committee is entitled to conduct its own enquiries and that only after enquiry the committee is expected to give membership and issue certificate of membership. 4. In this case although petitioner made application in June 2009, it is seen that the committee considered his application and returned the application for resubmission along with the certificate of membership in the Welfare Fund. Accordingly the application was resubmitted along with Ext.P1 certificate and thereafter the committee considered the application afresh and granted membership to the petitioner on 20.3.2010. 5. If that be so, necessarily petitioner can claim coverage only from 2011 onwards. In that view of the matter, there is nothing erroneous in Exts.P3 and P4. Writ petition fails and it is accordingly dismissed. ANTONY DOMINIC JUDGE ma