IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 15003 of 2005(J) -------------------------- PETITIONER(S): --------------- C.A.FELIX, ASSISTANT ENGINEER(RETD), KSEB., 66 KV SUBSTATION, VAZHATHOPE, IDUKKI DISTRICT, RESIDING AT FOUSI NIVAS, INDUKKI COLONY P.O., IDUKKI-685 602. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU VADAKKEKARA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF PERSONNEL OFFICER AND SECRETARY TO EMPLOYEES WELFARE FUND, K.S.E.B., VYDHYITHU BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2010, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C NO. 15003/2005 -------------------------------------------------------------------- EXT.P1 TRUE COPY OF JUDGMENT IN O.P.4366/2002. EXT.P2(a) MEDICAL CERTIFICATE DT. 5.4.1997. EXT.P2(b) MEDICAL CERTIFICATE DT. 5.4.1997 EXT.P2(c) DO. DT. 13.6.2002. EXT.P3 ORDER DT. 27.11.2003. EXT.P4 APPLICATION DT. 11.7.2000. EXT.P5 REPRESENTATION DT. 1.3.2004. EXT.P6 REPRESENTATION DT. 19.4.2004. EXT.P7 JUDGMENT IN W.P.C. NO. 16611/2004. EXT.P8 REPLY NOTICE DT. 10.8.2004. EXT.P9 RECEIPT DT. 11.8.2004. EXT.P10 CIRCULAR DT. 27.5.1997. EX.P11 REPRESENTATION DT. 19.8.2004. EXT.P12 JUDGMENT IN W.P.C.NO. 28675/2004. EXT.P13 ORDER DT. 18.12.2004. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 15003 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th day of September, 2010. J U D G M E N T The petitioner was an employee of the Kerala State Electricity Board. As an employee of the Kerala State Electricity Board, he was also a member of the Employees' Welfare Fund maintained for the employees of the Kerala State Electricity Board. Contributions were being regularly deducted from the petitioner's salary towards the fund. While in service, the petitioner contracted a very rare disease called 'retinitis pigmantosa' with complicated cataract. His eye sight slowly diminished. His hearing capacity also diminished. Progressively, his eye sight and hearing capacity decreased and he was certified to be suffering from 90% disability as evidenced by Ext. P2 series of medical certificates produced by the petitioner. Consequently, he became totally unable to perform his duties as an employee of the Kerala State Electricity Board. He was also not being discharged on medical grounds. As a result, the petitioner submitted an application for voluntary retirement. That was not considered by the Board. He approached this Court . By Ext. P1 judgment, this Court directed the Board to consider his claim for voluntary retirement on medical grounds. Pursuant thereto, by Ext. P3 order, the petitioner was permitted to retire voluntarily from service with effect from 29.11.2003 and he was so allowed to retire. The petitioner's grievance in this writ petition is that since he was forced to opt out of service because of his permanent disability, he is entitled to the disablement benefit from the welfare fund for the disability incurred by him, which has not been paid to the petitioner. The petitioner filed an application in respect thereof, which was directed to be considered by Ext. P12 judgment of this Court in W.P (C) No. 28675/2004. Pursuant thereto, Ext. P13 order has been passed, rejecting the claim of the petitioner on the ground that such W.P.C. No. 15003/2005 -: 2 :- disablement benefit would be available only if the petitioner's service was terminated by the Board on the ground of his disability and since he has voluntarily retired from service, he is only entitled to retirement benefits. The petitioner is challenging Ext. P13 order seeking the following reliefs: “i) To issue a writ of certiorari or other appropriate writ or order calling for the records relating to Ext. P 13 and to quash it; ii) to issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to sanction and disburse Rs. 1 lakh as welfare fund benefit to the petitioner as per Section 5 of the K.S.E. Board Employees Welfare Fund under permanent disability ground ad as per the Circular dated 27.5.1997 issued by the 2nd respondent. iii) to direct the 2nd respondent to reconsider Ext. P11 request submitted by the petitioner in accordance with law and to take decision thereon.” 2. No counter affidavit has been filed on behalf of the respondents. 3. I have heard the parties. 4. Since the respondents have not chosen to file a counter affidavit to controvert the averments in the writ petition, I accept the same as true and correct. Therefore, I accept the fact that the petitioner was forced to opt out of the service of the Board since he was medically disabled from performing his duties as an employee of the Board. Technically speaking, the petitioner may not have been terminated from service on account of his disablement. But, I am of opinion that the claim of the petitioner has to be considered commensurate with the object of the welfare fund scheme and the situation which led to the petitioner's request for voluntary retirement. The fact that the petitioner contracted a very rare disease consequent to which he lost his eye sight and hearing progressively is not in dispute before me. It is also not disputed before me that he was forced to seek voluntary retirement only because of that W.P.C. No. 15003/2005 -: 3 :- disability, which amounted to 90% as is evident from the medical certificates produced. Since the petitioner could not perform his duties as an employee of the Board and the Board was not taking appropriate steps to discharge him from service on medical grounds, he had no other go but to opt for voluntary retirement. In the facts and circumstances of the case, I am of opinion that this should be treated as a cessation of employment on account of permanent disability caused on account of the sickness, which should commensurate with the object of the welfare fund scheme, qualify for disablement benefit. Therefore, I am satisfied that the petitioner is entitled to disablement benefit as per the welfare fund scheme. The amount of disablement benefit payable as stated in Ext. P13 is, not exceeding Rs. 40,000/-. But in Ext. P10 Board order, it is stated that the governing body of the Employees Welfare Fund had decided to enhance the death/total disablement benefits from Rs. 25,000/- to Rs. 1 lakh. That being so, the petitioner is entitled to 90% of Rs. 1 lakh insofar as the petitioner had 90% permanent disability. Therefore, I hold that the petitioner is entitled to Rs. 90,000/- as disablement benefit from the Kerala State Electricity Board Employees Welfare Fund. The respondent shall see that the said amount is paid to the petitioner within one month from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/