The Deputy Director vs Ajitha V S
2024 Latest Caselaw 29546 Ker

Kerala High Court

The Deputy Director vs Ajitha V S on 17 October, 2024

Author: Amit Rawal

Bench: Amit Rawal

WA NO. 1646 OF 2024                     1

                                                               2024:KER:77833
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                      THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                        &

                      THE HONOURABLE MR. JUSTICE EASWARAN S.

           THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                               WA NO. 1646 OF 2024

         AGAINST THE JUDGMENT IN WP(C) NO.18641 OF 2024 OF HIGH COURT OF

KERALA


APPELLANT(S):
      1     THE DEPUTY DIRECTOR
            EMPLOYEES' STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE,
            ASRAMAM, KOLLAM, PIN - 691002

     2        THE JOINT DIRECTOR
              EMPLOYEES' STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE,
              ASRAMAM, KOLLAM, PIN - 691002


              BY ADVS.
              T.V.AJAYAKUMAR
              RIMJU P.H.
              JOTHIS CHACKO




RESPONDENT(s):
            AJITHA V S
            AGED 56 YEARS
            W/O RAJAN S., NANDANAM, PRASANTHI NAGAR-34, PATTATHANAM,
            VADAKKEVILA,KOLLAM, PIN - 691010



OTHER PRESENT:
            SRI LIJU M P


         THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17.10.2024, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1646 OF 2024                 2

                                                          2024:KER:77833
                              JUDGMENT

Amit Rawal, J.

Appellant-respondent in the writ petition has approached this

Court by assailing the order of the Single Bench whereby Ext.P4

order declining the issuance of ward certificate being the ward of

the insured person on the premise that the father of the daughter

was an employer has been set aside and directions have been issued

to the Deputy Director to take a call, as expeditiously as possible but

not later than 31.5.2024.

2. Learned counsel appearing on behalf of the

appellant-respondent in the writ petition submitted that intra court

would not have been filed except for the finding recorded in

paragraph No.8. Paragraph 8 of the judgment reads as under:

8. Prima facie, there is some force in the submissions of the petitioner because, when the Statute provides for the issuance of a "Ward Certificate" in favour of the son/daughter of an "Insured Person", it cannot be denied, except if that factum is found to be incorrect.

3. However, while issuing directions contained in

paragraph No.11, there is a confirmed finding in favour of the

respondent, petitioner of entitlement of the certificate being a ward

of an insured person; only directions has been issued. We thus of

2024:KER:77833 the view that the directions contained in the order under challenge

shall be complied with by the concerned authority untrammeled by

the findings recorded in paragraph 8 extracted above.

SD/-

AMIT RAWAL JUDGE

SD/-

sab                                      EASWARAN S.
                                              JUDGE


                                                   2024:KER:77833


PETITIONER ANNEXURES

Annexure 1             TRUE COPY OF THE RELEVANT EXTRACT OF THE
                       AGENDA OF MEETING