BABU MATHEW P. JOSEPH, J.

1. This writ appeal is directed against the judgment rendered by a learned single Judge on 08-11-2013 in W.P. (C) No.21987 of 2013. The writ petition was preferred by the appellant praying for a declaration that he is entitled to treatment benefits as provided by paragraph 2.30 (a) of the E.S.I. Medical Manual and for other reliefs. The learned single Judge dismissed the writ petition on the ground that the appellant was not entitled to claim extended sickness benefit in terms of E.S.I.C. Circular No.6-1/91/71 (M)-II dated 03-01-1978 issued by the Employees' State Insurance Corporation, for short, the E.S.I. Corporation, as he had not availed himself of any treatment for sickness from September, 2007 and to July, 2012. Aggrieved by the impugned judgment, the appellant has preferred this writ appeal.

2. Heard Smt. A.K. Preeta, learned counsel appearing for the appellant, and Sri. T.P.M. Ibrahim Khan, learned Senior Counsel appearing for the respondents.

3. The appellant was employed as a Winder in M/s Thrissur Cotton Mills, Nattika, which was a factory covered under the Employees' State Insurance Act. Since 1989 he was admittedly a covered employee under the E.S.I. Scheme. During the course of employment, the appellant was diagnosed with right orbital nerve sheath tumor with lesion. He had undergone two major surgeries, one in 1995 and another in 1996, at Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram (for short, Sree Chitra Institute), for that disease. He had also undergone a minor surgery there in 1998. The establishment, where the appellant was employed, was closed down in the year 2004. Thus he lost his employment and, in turn, went out of coverage of the E.S.I. Scheme. However, by virtue of the provisions in the circular above referred to, the appellant was given medical benefits including reimbursement of medical expenses incurred by him at Sree Chitra Institute till September, 2007.

4. Even though the disease of the appellant was not cured by the treatment at the Sree Chitra Institute, he could not continue the treatment there after September, 2007 till July, 2012. Because, he could not have undertaken the journey from Kozhikode, he being a native of Mayiladikunnu in Kozhikode, to Thiruvananthapuram for the treatment owing to severe financial constraints and also for the reason that during the interregnum he was taking herbal medicines prescribed by a tribal head. His condition became worse in the year 2012 and hence he was admitted to the Medical College Hospital, Kozhikode. Since the doctors at that Hospital were of the opinion that an emergency surgery was required, the appellant was referred to Sree Chitra Institute for that purpose. The doctors at the Sree Chitra Institute were however not in favour of a surgery at that stage. They were of the opinion that the appellant would have to undergo surgery at a later point of time as a last resort. The appellant was thereafter continuing treatment there. While so, his Ext.P3 claim for reimbursement of the medical expenses incurred by him at the Sree Chitra Institute was declined on the ground that the treatment records were not available for the period from September, 2007 to July, 2012 and hence active continuous treatment cannot be confirmed. However, by way of sympathetic consideration, the case of the appellant was referred to the Headquarters of the respondents for final decision as evident from Ext.P5 letter dated 20-03-2013 issued from the Regional Office (Kerala) of the E.S.I. Corporation. Subsequently, the second respondent issued Ext.P6 letter dated 28-05-2013 informing him that he is not entitled to any medical care under paragraph 2.30 of the E.S.I. Medical Manual (circular dated 03-01-1978 already referred to) and is also not entitled to medical benefit as per the Headquarters Guidelines/Instructions dated 30-12-2010 as he did not fulfill the conditions laid down in them. The appellant was