High Court Kerala High Court

P.O.Devassy vs The State Of Kerala on 28 July, 2009

Kerala High Court
P.O.Devassy vs The State Of Kerala on 28 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2533 of 2009(B)


1. P.O.DEVASSY, AGED 57 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE KERALA WATER AUTHORITY,

3. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.JESWIN P.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :28/07/2009

 O R D E R
                              V.GIRI, J.
                        -------------------------

                   W.P (C) No.2533 of 2009
                  ------------------------------------

                 Dated this the 28th July, 2009


                         J U D G M E N T

The petitioner was working as an operator in ‘pure

water section’ in the Kerala Water Authority. He was

seriously affected by leakage of chlorine gas poisoning

while on duty. He was not compensated in this regard. He

approached the Human Rights Commission. The

Commission recommended that an amount of Rs.1,00,000/-

(One lakh only) be paid to the petitioner as interim

compensation. The operative portion of order in Ext.P1

reads as follows:

” We therefore recommend the Government
being the Principal Employer to pay a sum of Rs.1
lakh to the petitioner as an interim measures and
make further payments if any after final decision by
the Government as indicated. There will be a
recommendation under Regulation 46 of the Kerala
State Human Rights (Procedure) Regulation in the
above terms”.

W.P (C) No.2533 of 2009
2

2. The amount of Rs.1 lakh has been paid but the

claim made by the petitioner has not been finally decided.

Hence this writ petition.

3. Ext.P2 is pending before the 1st respondent.

Learned Government Pleader submits that Ext.P2 will be

looked into and appropriate action will be taken by the

Government keeping in mind Ext.P4 within three months

from the date of receipt of a copy of this judgment.

Submission is recorded. Writ petition is disposed of as

above.

(V.GIRI,JUDGE)
app/-