Kerala High Court
Chinnu J Regina vs The Employees State Insurance ... on 14 February, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
WP(C).No.31550 OF 2019(P)
PETITIONER:
CHINNU J REGINA
AGED 25 YEARS
D/O JACOB M.F, MOONJAPPILLY HOUSE,
KALOOR P.O, ERNAKULAM - 682017
BY ADVS.
SRI.SREELAL N.WARRIER
SRI.M.S.AMAL DHARSAN
RESPONDENTS:
1 THE EMPLOYEES STATE INSURANCE CORPORATION
REGIONAL OFFICE (KERALA), PANCHDEEP BHAVAN,
NORTH SWARAJ ROUND, TRICHUR- 68020
REPRESENTED BY ITS DIRECTOR.
2 THE REGIONAL DIRECTOR
THE EMPLOYEES STATE INSURANCE CORPORATION,
REGIONAL OFFICE (KERALA), PANCHDEEP BHAVAN,
NORTH SWARAJ ROUND, TRICHUR- 68020
3 THE DEPUTY DIRECTOR
THE EMPLOYEES STATE INSURANCE CORPORATION,
REGIONAL OFFICE (KERALA), PANCHDEEP BHAVAN,
NORTH SWARAJ ROUND, TRICHUR- 68020
4 THE VILLAGE OFFICER
ERNAKULAM VILLAGE, KADAVANTHARA, KOCHI,
ERNAKULAM- 682020
5 THE TAHSILDAR
KANAYANNUR TALUK, KANAYANNOOR,
ERNAKULAM- 682016.
BY ADV. SRI.ADARSH KUMAR
BY ADV. SRI.SHASHANK DEVAN
BY SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.31550 OF 2019(P)
2
J U D G M E N T
Petitioner, who submitted an application for the posts of Stenographer and Upper Division Clerk for Kerala region in ESI Corporation, has filed this writ petition since she was unable to produce the community certificate before the respondents in time.
2. The prayer in this writ petition is to direct the 1st and 2nd respondents to accept Ext.P5 category certificate and to extent the benefit of the same to the petitioner in the matter of appointment to the post applied for. An interim order was passed on 21.11.2019 directing the respondents 1 to 3 to accept Ext.P5 category certificate provisionally and subject to further orders to include the petitioner in the rank list in accordance with law provisionally.
3. Learned Standing Counsel for the respondents 1 to 3 submitted that petitioner's case WP(C).No.31550 OF 2019(P) 3 was considered accepting Ext.P5 category certificate. But it is stated that the petitioner was not qualified.
4. The case of the petitioner is that she was unable to produce the certificate on account of the lethargy of the respondents 4 and 5 in issuing the same despite her application in time.
5. Now that respondents have acted upon the certificate and evaluated the petitioner on the basis of the interim order the further proceedings regarding the selection are to be adjudicated before the appropriate forum.
6. Petitioner would be free to approach the appropriate forum, if so advised, and if necessary. No further orders are necessary in this writ petition.
The writ petition is closed.
Sd/-
P.V.ASHA, JUDGE.
al/AS WP(C).No.31550 OF 2019(P) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTIFICATION DATED 01/03/2019.
EXHIBIT P2 TRUE PHOTOCOPY OF THE LIST OF CANDIDATES SHORTLISTED FOR PHASE III TEST NOTIFIED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ADDITIONAL GUIDELINES/INSTRUCTIONS ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE PHOTOCOPY OF THE APPLICATION DATED 19/10/2019 ALONG WITH FORWARDING NOTES OF THE 4TH RESPONDENT.
EXHIBIT P5 TRUE PHOTOCOPY OF THE CATEGORY CERTIFICATE DATED 14/11/2019.
EXHIBIT P6 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 15/11/2019 ALONG WITH POSTAL RECEIPT.