NISSAM H. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in W.P. (C) No.12233 of 2021 filed this writ appeal under Sec. 5(i) of the Kerala High Court Act, 1958, being dissatisfied by the judgment dtd. 10/8/2023 passed by the learned Single Judge, whereby that writ petition filed by the appellant under Article 226 of the Constitution of India was disposed of by issuing various directions.

(2.) According to the appellant, he entered service in the 4th respondent Kerala State Electricity Board on 16/5/1998 as an Electricity Worker ITI, in its electrical Sec. at Peringottukara in Thrissur District. While he was on duty, on 14/9/1998, he had a fall from an electric post and suffered severe injury which resulted in developing nervous disorder. Consequent to the same, he has been suffering from 45% 'Bipolar disorder'. The appellant was unable to perform his official duties owing to his illness. Therefore, he made an application claiming benefits under Sec. 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('the Act' in short). On the request of the appellant, the 2nd respondent issued Ext. P1 Communication dtd. 6/9/2012, directing the appellant to appear before the Appellate Medical Board, Medical College, Thiruvananthapuram for assessing his disability.

(3.) The 1st respondent filed a counter affidavit dtd. 17/1/2022, opposing the reliefs sought in the writ petition and also producing therewith Exts. R1(a) to R1(e) documents. Respondents 4 to 6 also filed a counter affidavit dtd. 25/1/2023, producing there with Exts. R4(a) to R4(q) documents.