Central Administrative Tribunal - Ernakulam
Dr Haritha G H vs Employees State Insurance Corporation ... on 6 February, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 180/00055/2025
Thursday, this the 6th day of February, 2025
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER
Dr. Haritha G.H, aged 32 years,
D/o. S. Harikumar,
Resident of Mullaparambil House,
M.S. Nagar - 89 B, Near Velunthara Hatchery,
Kallumthazham P.O, Kilikollur, Kollam - 691 004. - Applicant
[By Advocate : Mr. P. Ramakrishnan, Ms. Preethi
Ramakrishnan & Mr. Pratap Abraham Varghese]
Versus
1. Employees State Insurance Corporation.
Panchdeep Bhavan, CIG Marg, New Delhi - 110 002,
represented by the Director General.
2. The Joint Director (MA),
Employees State Insurance Corporation,
Panchdeep Bhavan, CIG Marg, New Delhi - 110 002.
3. The Medical Superintendent,
ESIC Hospital, Ezhukone, Kollam - 691 505. - Respondents
[By Advocate : Mr. T.V. Ajayakumar]
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O.A No. 180/00055/2025
The Original Application having been heard on 06.02.2025, the
Tribunal on the same day delivered the following:
O R D E R (Oral)
Justice K. Haripal, Judicial Member Applicant an MBBS holder and presently doing PG course in Oto-Rhino-Laryingology from JIPMER, Pondicherry. It is a 36 months' course. She started the PG course in 2021 which had to be completed in 2024. However, during the course she had to avail maternity leave for 180 days from 20.12.2021 to 17.06.2022; that leave was granted on condition that she should work for that period, after completion of the course, without salary. Presently, she is discharging duties during that extended period which would complete on 22.02.2025.
2. Meanwhile, she secured appointment as Insurance Medical Officer Grade-II under the Respondents. The offer of appointment was accepted by her. She had to join duty, on the basis of Annexure A-2 Memorandum on 23.08.2024. Thereafter, on the ground of undergoing PG course she V R ARUNKUMAR 2025.02.07 16:18:00+05'30' 3 O.A No. 180/00055/2025 sought extension of time to join duty, which was allowed by Annexure A-11 communication. Now that extended period expires on 06.02.2025. In other words, time for joining duty expires today. She has approached this Tribunal seeking a direction to the respondents to allow the applicant to join the post of Insurance Medical Officer Grade-II immediately after completion of PG course.
2. We heard the learned counsel for the applicant as well as the learned Standing counsel, Sri T.V. Ajayakumar who placed reliance on the order of the Tribunal in OA No.49/2025 dated 05.02.2025 and submitted that on identical facts, this Tribunal has declined to grant any interim relief.
3. Learned counsel for the applicant submitted that the applicant in OA No.49/2025 had sought longer time, till August 2026 for joining duty, which was not convincing and that has to be distinguished.
4. Learned Standing Counsel opposed the OA. Having heard both sides and considering the fact that since the duration of PG course expires on V R ARUNKUMAR 2025.02.07 16:18:00+05'30' 4 O.A No. 180/00055/2025 22.02.2025, we are inclined to direct the respondents to allow the applicant to report for medical examination on 24.02.2025 and for joining duty on 25.02.2025. OA is disposed of accordingly. No costs.
(Dated 6th February, 2025)
V. RAMA MATHEW JUSTICE K. HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
va
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O.A No. 180/00055/2025
List of Annexures in O.A 55/2025
Annexure A-1- True copy of Office Memorandum dated 16.03.2022 No. Admn III(B)/8(07)/Misc, July- 2021.
Annexure A-2- True copy of Memorandum dated 23.07.2024 No. A-12014/1/2024-MED-VI Annexure A-3- True copy of email dated 06.08.2024 accepting appointment as of Insurance Medical Officer Grade II.
Annexure A-4- True copy of email dated 06.08.2024 seeking time till 03.03.2025 for joining the new post. Annexure A-5- True copy of email dated 07.08.2024 from the 1 st respondent to the applicant.
Annexure A-6- True copy of email dated 16.08.2024 from the applicant to the 1st respondent.
Annexure A-7- True copy of reply dated 16.08.2024 from the 1 st respondent, to the applicant.
Annexure A-8- True copy of note No. Edn.
11(4)/MD/MS/M25/2024 dated 24.09.2024 issued by JIPMER.
Annexure A-9- True copy of e-mail dated 28.09.2024 from the applicant to the 1st respondent.
V R ARUNKUMAR 2025.02.07 16:18:00+05'30' 6 O.A No. 180/00055/2025 Annexure A-10-True copy of order of mail dated 12.01.2025 from the applicant to the 1st respondent.
Annexure A-11- True copy of Memorandum No. A-12014/6/2024 MED-VI dated 01/2025 issued by the 2 nd respondent.
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