C A FELIX Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) 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 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:

(2.) No counter affidavit has been filed on behalf of the respondents.

(3.) I have heard the parties.