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2013 Supreme(Ker) 77

High Court of Kerala
A.M. SHAFFIQUE, J.
Kerala Government Insurance Medical Officers Association (Kgimoa) Represented by Its President, DR. Anita S. Sindhu, AIMO, Peroorkada ESI Hospital, Thiruvananthapuram
Versus
The Director of Insurance Medical Services, Thiruvananthapuram & Others
WP(C).No. 9877 of 2011 (H)
Decided on : 15-02-2013

Advocates appeared:
For the Petitioner:P. Leelakrishnan, Advocate.
For the Respondents: R1 & R2, Naushad Thottathil, Government Pleader, R3, P. Sankarankutty Nair, SC, ESI Corpn.

Headnote:Constitution of India, 1950, Article 14 -E.S.I.C mandatory of functioning hospital for the purpose of movement of employees will not be maintainable and government has no jurisdiction to restrict the employees working in particular hospital.

Judgment :-

Shaffique, J.

1. These writ petitions are filed challenging an order issued by the Government giving sanction to the Director of Insurance Medical Services to relieve the employees of the State Government service working in ESI Hospital for absorption in the ESI Corporation (hereinafter referred as ESIC) and another Government order giving sanction to the Director of Insurance Medical Service to relieve the employees of ESI Hospital, Paripally and Ezhukone from the State Government Service to be absorbed in ESIC.

2. W.P.(C) No.9877/2011 is filed by the Association of Insurance Medical Officers. The members of the said Association are doctors working in Employees State Insurance (ESI) Hospitals in Kerala. ESIC had decided to transform certain State ESI Hospitals in Kerala to model hospitals to be run by them. On that basis, the ESI Hospital, Ashramam, Kollam was transformed to a model hospital. Ext.P1 is the relevant Circular issued by the Director of Insurance Medical Service in this regard by which the ESI State Service employees were given an option to choose the service to the model hospital of ESIC on deputation.

3. It is said that subsequently ESI Hospital, Udyogamandal was also handed over to ESIC. Ext.P2 is the relevant Circular of the Government. In Ext.P2 also an option was given to persons in ESI state service having two years minimum experience as on 1.1.2006 to join ESIC.

4. ESIC has decided to transform ESI Hospitals at Paripally and Ezhukone in Kollam District, to a medical college and dental college. On the apprehension that the Government was proposing to permit ESIC to absorb only those who were presently working in those hospitals and on deputation, overlooking the seniority and specialization of the entire ESI State service doctors, they submitted Exts.P3 and P4 representations. At this stage Ext.P5 order is issued permitting ESIC to absorb those who were presently working in those hospitals and on deputation and the specific order in this regard is Ext.P6 with reference to the Hospitals at Ezhukone and Paripally.

5. The main contention urged is that the rights of the employees of the ESI State service have not been considered and presently by virtue of these orders, the option to join ESIC is available only to those employees/staff who had worked on deputation under the said Hospitals alone. This, according to them, will affect their chances and seniority. According to them, such an approach will also affect the reservation norms. Therefore the petitioner seeks a direction to the first respondent to invite options from all doctors, employees and other staff of ESI State service for joining ESIC Hospitals at Udyogamandal, Paripally and Ezhukone.

6. W.P. 10262/ 2011 is filed challenging the very same orders which are referred as Exts. P3 and P4 in the case and for identical reliefs. This is filed by two doctors, who are working in other ESI hospitals. They have also raised identical grounds challenging the said action of the Government.

7. W.P.(C) No. 11001/2011 is filed by a Nursing Superintendent of ESI Hospital, Feroke, Kozhikode again challenging Exts.P3 and P4 which are the same as the impugned orders in the other writ petitions, on similar grounds.

8. Respondents 1 and 2 in their counter affidavit in W.P. (C) No. 9877/2011, inter alia contended that ESIC is an autonomous body constituted under the Employees State Insurance Act, 1948 coming under the Ministry of Labour and Employment, Government of India. ESIC is implementing its Social Security Scheme all over country which provides for comprehensive health care service for the benefit of the public at large. They intended to establish a chain of 11 Medical Colleges out of 17 ESI hospitals which are spread over 9 major cities of 9 States in India. ESIC has requested the State Government to hand over ESI Hospitals at Ashramam and Udyogamandal to develop as a model hospital under the Corporation. Subsequently, ESIC had requested to handove




















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