IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 3296 of 2010(J) ------------------------------------ PETITIONER: ------------------- MUHAMMED.C.S., 45 YEARS, S/O.SYED, PERMANENT LABORER, DISTRICT AGRICULTURAL FARM, MUTTIKKADAVU, CHUNGATHARA, MALAPPURAM DISTRICT. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL AND ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE KERALA STATE INSURANCE DEPARTMENT, REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C). NO.3296/2010-J: 6. THE PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, MALAPPURAM. 7. THE SUPERINTENDENT, DISTRICT AGRICULTURAL FARM, CHUNGATHARA, MALAPPURAM DISTRICT, PIN-679 334. 8. THE DIRECTOR OF TREASURIES, OFFICE OF THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 9. THE NATIONAL INSURANCE COMPANY, REPRESENTED BY ITS PRINCIPAL OFFICER, REGIONAL OFFICE, 4TH FLOOR, MUTHOOT TOWER, M.G.ROAD, ERNAKULAM. R1 TO R8 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3296 OF 2010 --------------------------------------- Dated this the 2nd day of February, 2010. J U D G M E N T The petitioner is aggrieved by Exhibit P3 communication issued by the Principal Agricultural Officer to the Superintendent of District Agricultural Farm. The petitioner is a permanent employee of District Agricultural Farm. He suffered an accident resulting in amputation of his left leg. The Group Personal Accident Insurance Scheme which was introduced in the year 2007 covers employees from 2008 onwards. It is pointed out that the premium amounts have been deducted from the salary of the petitioner already from time to time which entitles him to get the compensation. The Director of Fisheries have credited the said amount to the account of the National Insurance Company and they have issued the Policy Certificate thereafter. 2. The accident occurred on 22.03.2009 at 7p.m and the W.P.(C) No.3296/2010 2 petitioner was admitted to the Specialists Hospital, Ernakulam. He was not able to continue his treatment for want of money and thus he got discharged from the hospital after the amputation of his left leg. The petitioner is entitled for compensation of Rs.3,50,000/-, according to him. In these circumstances, he moved for payment of the compensation before the Principal Agricultural Officer. 3. By Exhibit P3, the Principal Agricultural Officer has taken the view that the receipt of the premium itself was not proper and accordingly, he returned the documents. The petitioner submits that the action taken by the Principal Agricultural Officer is not proper as the premium has already been collected from him. If the petitioner files an appropriate representation before the 4th respondent-Director of Agriculture within a period of three weeks from today, the 4th respondent will consider the same and take appropriate action in the matter. The 4th respondent will W.P.(C) No.3296/2010 3 also consider the various aspects in the light of the fact that premium for the scheme has already been deducted from the salary of the petitioner. Appropriate orders will be passed within a period of two months thereafter. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the 4th respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp