IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

THURSDAY, THE 17^TH 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:

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 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 APPENDIX OF WA 1646/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE RELEVANT EXTRACT OF THE AGENDA OF MEETING