IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 OP.No. 33909 of 2001(J) ----------------------------- PETITIONER(S): ----------------------- P. SIVARAMAN(EX-GS-117618k/PIONEER) RESIDING AT SREENILAYAM HOUSE, KEERICKAD, KAREELAKULANGARA P.O.,ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.GEORGE T. THACHETT RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, SURFACE TRANSPORT NEW DELHI. 2. THE DIRECTOR GENERAL, BORDER ROADS, SEEMA SADAK BHAVAN RING ROAD, DELHI CANTT. NEW DELHI-10 3. THE OFFICER COMMANDING, 1571 PNR.COY(GREF) C/O 56 APO. ADV. SRI.P.S.SREEDHARAN PILLAI, SCGSC FOR R1 TO R3 SRI.JOHN VARGHESE, SCGSC FOR R1 TO 3 SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1-3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON 24/11/2009 DELIVERED THE FOLLOWING: S.SIRI JAGAN,J. ============= O.P.NO.33909 OF 2001 ================= Dated this the 24th day of November, 2009 JUDGMENT Petitioner entered the service of the General Reserve Engineering Force (GREF for short) under the 2nd respondent on 25.11.1963. After 30 years of service he was detected with severe heart disease. The Medical Board issued Ext.P1 Medical Certificate statting that he is suffering from 60% disability attributable to service. Petitioner contends that in view of this health condition the petitioner was discharged on medical grounds on 30.11.1993. Petitioner therefore requested for compensation for premature discharge on medical grounds in accordance with rules. By Ext.P4, the petitioner was directed to forward certificate of the Medical Board certifying that he has been detected with 60% disability. Petitioner filed Ext.P5 representation in this regard. However, by Ext.P6, the petitioner's claim was rejected on the ground that as per medical board proceedings, the disability suffered by the petitioner is not attributable to service in GREF. Petitioner is challenging Ext.P6 Order seeking the following reliefs:- “I. Issue a writ or certiorari or other appropriate writ order or O.P.NO.33909 OF 2001 2 direction calling for the records leading to and culminating in Ext.P6 and quash the same as arbitrary, illegal and without the application of mind. II. Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to sanction and disburse compensation payable under the WC Act along with penal interest over and above the statutory interest of 12% payable under Sec.4A of the Act. III. Declare that the petitioner is entitled to costs realisable from the respondents.” 2. A counter affidavit has been filed by the respondents taking the contention that the contention of the petitioner that he was discharged on medical ground, is incorrect. According to them, the petitioner was sent on retirement with full service benefits on completion of 30 years of service in public interest. Therefore, according to them the petitioner is not entitled to compensation for the disability as claimed by him. 3. I have considered the rival contentions in detail. 4. The petitioner has produced Ext.P1 certificate of the Medical Board. It categorically states that the petitioner has suffered 60% disability attributable to service. The respondents have not chosen to dispute the genuineness of Ext.P1 medical certificate. In Ext.P4 communication issued by the Assistant Administrative Officer, it is stated thus in :- O.P.NO.33909 OF 2001 3 1.Reference your letter dated 01 Aug 2001 addressed to this office and copy endorsed to Secy BRDB, HQ DGBR and HQ CE(P) Chetak. 2. On scrutiny of available records held with this unit it has been observed that you were sanctioned premature retirement keeping in view of your health condition likely to wroson with advancing age and working nature of PBR trade being a old case of Iscbaemic Heart disease and non insulin department diabetes mellilus in low medical category GREF-II(permanent) wef. 17 Jul 1991. 3. Further, your last medical board were also carried out at INHS Asvini on 27.10.92 and no any disability shown by medical authority in above board. However, you are advised to forward a copy of medical board under which 60% disabilities were awarded by medical authority for your further action. (Underlining supplied) 5. But in Ext. P6 Order it is stated thus:- 1. Reference your letter of 09 September 2001 addressed to this office and copy endorsed to Secy BRDB, HQ DGBR and HQ CE(P) Chetak. 2 In this connection your attention is invited on our letter No.1095/0657/BOK/PS/04/E5 dated 25 Aug 2001. Again it is intimated for your information that disability compensation is entitled those persons only when disability assessed by medical board. As per your medical board proceedings no any disability attributable service condition in GREF has been recorded. Therefore,you are not entitled for any compensation under WCA 1923. 6. On Ext.P6 Order, the rejection of the petitioner's claim for compensation was only on the ground that as per the medical board proceedings, the disability suffered by the petitioner is not attributable to O.P.NO.33909 OF 2001 4 service. But in Ext.P4 it is stated that the petitioner has been sanctioned premature retirement keeping in view the petitioner's health condition which is likely to worsen with advancing age and nature of the work in the service. After having issued Ext, P4 and Ext.P1, it is too late in the day for the respondents to contend that the petitioner was not discharged from the service on medical grounds. Further, although the entire documents to prove the same was with the respondents, they have not chosen to produce the same along with the counter affidavit. At the same time, the petitioner has succeeded in proving that the petitioner was prematurely discharged from service on medical grounds with 60 % disability attributable to service by producing Exts.P1 and P4. That being so, the petitioner has become entitled to compensation for his disability in accordance with rules. Therefore, Ext. P6 is quashed and the respondents are directed to pay compensation to the petitioner for premature discharge on medical grounds on 60% disability attributable to service by producing Exts. P1 and P4. Orders in this regard shall be issued and compensation disbursed on the petitioner by the competent among the respondents as expeditiously as O.P.NO.33909 OF 2001 5 /possible, at any rate, within 3 months from the date of the copy of this judgment. The original petition is allowed of as above. S.SIRI JAGAN,JUDGE. mns