IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 2533 of 2009(B) ------------------------- PETITIONER: ------------------ P.O.DEVASSY, AGED 57 YEARS, S/O.OUSEPH, PAYAPPAN (HOUSE), P.O.CHATTIKULAM, KODISSERY (VILLAGE), MUKUNDAPURAM, TRICHUR (DIST). BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, 'JALA BHAVAN', THIRUVANANTHAPURAM 3. THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, P.H.HEAD WORKS SECTION, ALUVA, ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2533 of 2009(B) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF ORDER PASSED BY KERALA STATE HUMAN RIGHTS COMMISSION IN H.R.M.P. NO.421/04 DATED 02.06.2007. P2 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 1.12.2008. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- V.GIRI, J. ------------------------- W.P (C) No.2533 of 2009 ------------------------------------ Dated this the 28th July, 2009 J U D G M E N T The petitioner was working as an operator in 'pure water section' in the Kerala Water Authority. He was seriously affected by leakage of chlorine gas poisoning while on duty. He was not compensated in this regard. He approached the Human Rights Commission. The Commission recommended that an amount of Rs.1,00,000/- (One lakh only) be paid to the petitioner as interim compensation. The operative portion of order in Ext.P1 reads as follows: “ We therefore recommend the Government being the Principal Employer to pay a sum of Rs.1 lakh to the petitioner as an interim measures and make further payments if any after final decision by the Government as indicated. There will be a recommendation under Regulation 46 of the Kerala State Human Rights (Procedure) Regulation in the above terms”. W.P (C) No.2533 of 2009 2 2. The amount of Rs.1 lakh has been paid but the claim made by the petitioner has not been finally decided. Hence this writ petition. 3. Ext.P2 is pending before the 1st respondent. Learned Government Pleader submits that Ext.P2 will be looked into and appropriate action will be taken by the Government keeping in mind Ext.P4 within three months from the date of receipt of a copy of this judgment. Submission is recorded. Writ petition is disposed of as above. (V.GIRI,JUDGE) app/-