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NC: 2023:KHC-K:6469
WP No. 201539 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO.201539 OF 2023 (S-REG)
BETWEEN:
PROF.SNEHALATHA P.
W/O PAUL PRAVEEN
AGE: 52 YEARS
OCC: NURSING COLLEGE PRINCIPAL
EMPLOYEES STATE INSURANCE CORPORATION
NURSING COLLEGE, SEDAM ROAD,
KALABURAGI-585106.
…PETITIONER
(BY SRI. NITESH PADIYAL, ADVOCATE)
AND:
1.
THE DIRECTOR GENERAL
ESIC HEAD QUARTER
PANCHADEEP BHAVAN
COMRADE INDRAJEET GUPTA (CIG) MARG
NEW DELHI-110001
2.
THE EMPLOYEES STATE INSURANCE
CORPORATION HOSPITAL AND
MEDICAL COLLEGE
SEDAM ROAD
KALABURAGI-585106
THROUGH ITS DEAN
3.
SMT. PRATIBHA P.M.
NURSING OFFICER
NURSING COLLEGE ESIC HOSPITAL
Digitally signed
by VARSHA N
RASALKAR
Location: High
Court Of
Karnataka
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NC: 2023:KHC-K:6469
WP No. 201539 of 2023
AND MEDICAL COLLEGE, SEDAM ROAD
KALABURAGI-585106.
…RESPONDENTS
(BY SRI. AVINASH A. UPLOANKAR, ADVOCATE)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ANNEXURE-A WHICH HAS BEEN PASSED BY RESPONDENT NO.2
DATED
31.05.2023
AND
ANNEXURE-B
VIDE
NO.
532/GLBMC/A/47/12/ESTT.2022 DATED 01.06.2023 WHICH HAS
BEEN PASSED BY RESPONDENT NO.2 BEING ARBITRARY, ILLEGAL
AND CONSEQUENTLY ISSUE
A DIRECTIONS DIRECTING THE
RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER
ON CONTRACT BASIS, TILL THE REGULAR APPOINTMENT IS MADE IN
HER PLACE AND ALSO DIRECTING THE RESPONDENTS TO CONSIDER
THE CASE OF THE PETITIONER FOR REGULARIZATION OF HER
SERVICE WITH ALL CONSEQUENTIAL BENEFITS WITH HER INITIAL
DATE OF APPOINTMENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
Heard the learned counsel appearing for the parties.
2.
In this writ petition, petitioner is challenging the
Relieving Order-Cum-Experience Certificate (Annexure-A)
issued by the respondent No.2 whereby the respondent
authorities have terminated the service of the petitioner
on completion of her contract period on 31.05.2023.
3.
Sri Nitesh Padiyal, learned counsel appearing
for
the
petitioner
vehemently
contended
that
the
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respondent authorities are replacing another contractual
employee in the place of the petitioner and accordingly,
sought for interference of this Court.
4.
Per contra, Sri. Avinash A. Uplaonkar, learned
counsel appearing for the respondent-ESIC contended that
the respondents will not issue any notification regarding
recruitment to the post of Principal in Nursing College on
contract basis. The memo filed by the respondent-College
and Hospital is accepted and as there is no intendment on
the part of the respondents to replace the petitioner by
appointing another contract employee and therefore, I do
not find any merit in the writ petition. Accordingly, the writ
petition is dismissed.
Sd/-
JUDGE
VNR
List No.: 1 Sl No.: 29
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