RENJITH E.P, ETTUNGAPPADY HOUSE AND PURUSHOTHAMAN E.P Vs. THE KERALA STATE ELECTRICITY BOARD AND THE CHIEF ENGINEER (HRM)

JUDGEMENT

(1.) SECOND Appellant was an employee of the Kerala State Electricity Board. In 2002 he suffered an accident and after treatment he rejoined duty in 2005. On 23.01.2006, enclosing a copy of Ext.P1 medical certificate issued by the Medical Board, he applied for invalidating him from service. He was referred to the State Medical Board, which on examination, issued certificate dated 23.03.2006. Based on the certificate, the second Appellant was medically invalidated from service by Ext.P2 order, with effect from 23.03.2006.

(2.) SUBSEQUENTLY , the second Appellant submitted Ext.P3 application for compassionate appointment in favour of the first Appellant, his son and that was rejected by Ext.P5 order on the ground that at the time when he retired from service on 23.03.2006, he did not have one year service left. It was challenging Ext.P5 and claiming appointment for the 1st Appellant, the writ petition was filed. The learned Single Judge dismissed the writ petition by judgment dated 10.02.2010. It is aggrieved by the said judgment, the Writ Appeal is filed.

(3.) IN this case the contention raised by the Appellant is4 that when he applied for medical invalidation by his application dated 23.01.2006, he had submitted Ext.P1 medical certificate dated 20.01.2006 issued by the Medical Board. According to him, in terms of the provisions contained in Rule 52 of Part III KSR, which is applicable to the employees of the Board, the applicant who submitted medical certificate issued under Rule 43, is entitled to be discharged from service, pending decision on his application. It is stated that thus if he was so discharged from service with effect from 23.01.2006 and he would have had more than one year left service and if so, his dependant would have been eligible for appointment. It is contended that the fact that the Board illegally retained him in service till 23.03.2006 should not have been a ground for rejecting the claim of the first Appellant.