IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 3447 of 2005(I) ------------------------------------- PETITIONER(S): ------------------------ PAUL JOSEPH, S/O. JOSEPH, LINE MAN GRADE II, COMMUNICATION SECTION, MOOLAMATTOM, RESIDING AT KANNALAYIL, MOOLAMATTOM 685 589 BY ADV. SRI.A.K.MADHAVAN UNNI SRI.SREELAL N.WARRIER RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDHYUTHI BHAVAN, TRIVANDRUM. 2. THE CHIEF ENGINEER, (ELECTRICAL DISTRIBUTION NORTH), KERALA STATE ELECTRICITY BOARD, KOZHIKODE. 3. THE DEPUTY CHIEF ENGINEER (ELECTRICAL CIRCLE) VAIDYUTHI BHAVAN, PALAKKAD. 4. THE DEPUTY CHIEF ENGINEER, K.S.E.B., SYSTEMS OPERATION CIRCLE, KALAMASSERI. R1 TO R4 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.3447/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ELECTRICAL ACCIDENT REPORT OF THE 2ND RESPONDENT DATED 11/12/2002. P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6/1/2003. P3 COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 6/2/2003. P4 COPY OF THE LEAVE APPLICATION IN THE PRESCRIBED FORM NO.13 WITH MEDICAL CERTIFICATE (ENCLOSED) DATED 6/2/2003. P5 COPY OF THE MEDICAL FITNESS CERTIFICATE ISSUED BY THE ERNAKULAM MEDICAL CENTRE, ERNAKULAM DATED 10/6/2003. P6 COPY OF THE TREATEMENT CERTIFICATE ISSUED BY ERNAKULAM MEDICAL CENTRE IN RESPECT OF THE TREATMENT GIVEN TO PETITIONER DATED 18/7/2003. P7 COPY OF THE JUDGMENT DATED 6/2/2004 IN WP(C)NO.26687 OF 2003. P8 COPY OF THE PROCEEDINGS DATED 11/6/2004 OF THE 1ST RESPONDENT NO.LAS.III/14351/2003. P9 COPY OF THE PETITIONERS LETTER DATED 19/10/2004 TO R4 REQUESTING PAYMENT OF INCREMENTS. P10 COPY OF THE PETITIONER'S LETTER DATED 3/12/2004 TO R4 REQUESTING PAYMENT OF INCREMENTS. P11 COPY OF THE REPRESENTATION DATED 26/10/2007 ALONGWITH HOSPITAL BILLS REQUESTING REIMBURSEMENT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P12 COPY OF THE APPLICATION FOR CLAIMING REIMBURSEMENT DATED 26/10/2007. P13 COPY OF THE ESSENTIALITY CERTIFICATE DATED 19/10/2007 ISSUED FROM THE INDIRA GANDHI HOSPITAL. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.3447 OF 2005 ------------------------------- Dated this the 22nd day of February, 2011 JUDGMENT The petitioner is an employee of the Kerala State Electricity Board. He claims to have suffered serious injuries in an accident in the course of employment, which according to the petitioner is on account of negligence on the part of some other officer of the Board. The petitioner has filed this writ petition seeking various reliefs as follows: “i) Direct the 4th respondent to consider and pass necessary orders in Exhibit P9 and P10 representation without delay. ii) Direct the 4th respondent to pay increments claimed in Exhibit P9 and P10 salary and other allowances to the petitioner including arrears without further delay. iii) Direct payment by the 1st respondent all Medical expenses incurred by the petitioner pursuant to the accident on 9/12/2002 as per claims made. iv) Direct the 1st respondent to fix and pay a reasonable compensation to the petitioner on account of the accident and resultant suffering past and future. v) To grant costs to the petitioner;” But, presently, his grievance boils down to the question of grant of Special Disability Leave for the period when the petitioner was W.P.(c)No.3447/05 2 hospitalised consequent to the injuries suffered in the accident. Although originally the Board took the stand that the petitioner is not entitled to the Special Disability Leave, they have now passed an order dated 11.1.2011 granting the petitioner 183 days of Special Disability Leave with effect from 10.12.2002 to 10.6.2003. The petitioner is satisfied with the same. But, the petitioner submits that the monetary and other benefits arising therefrom have not been yet paid to the petitioner. 2. The learned Standing Counsel for the Kerala State Electricity Board submits that since the petitioner has now been transferred to Kattakkada section, the matter has been forwarded to that office. In the above circumstances, this writ petition is disposed of with a direction to the respondents to see that the petitioner gets all benefits arising from the order dated 11.1.2011 granting the petitioner Special Disability Leave for 183 days including the monetary benefits, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.3447/05 3 W.P.(c)No.3447/05 4