Kerala High Court
Vijayamma C.K vs Union Of India on 26 October, 2016
Bench: P.R.Ramachandra Menon, V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 24TH DAY OF MAY 2017/3RD JYAISHTA, 1939
OP (CAT).No. 121 of 2017 (Z)
-----------------------------
AGAINST THE ORDER IN OA 627 OF 2015 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH DATED 26.10.2016
PETITIONERS/APPLICANTS 1 TO 26 IN O.A.:
-----------------------------------------
1. VIJAYAMMA C.K.
W/O.RAJU K.K., AGED 44 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT KALLINGAL HOUSE,
MAMANNOOR P.O., CHERUKUNNAM, PERUMBAVOOR-683549.
2. SUJAMOL M.T.
W/O.C.K.GOPI, AGED 38 YEARS, HEAD NURSE,
ESI HOSPITAL, UDYOGAMANDAL,
RESIDING AT PUTHIYAPARAMBIL HOUSE, THIRUVAMPADI P.O.,
PAZUTHURUTHU, KADATHURUTHI, KOTTAYAM DISTRICT.
3. MINIMOL T.R.
W/O.P.K.PURUSHOTHAMAN, AGED 42 YEARS, HEAD NURSE,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PUTHUVEETTUVELI,
CHARAMANGALAM, MUHAMMA P.O., ALAPPUZHA-688525.
4. SREEREKHA T.N.
W/O.SASI P.K., AGE 44 YEARS, STAFF NURSE GRADE,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PAPPALIL HOUSE,
S.MARAY P.O., MUVATTUPUZHA, ERNAKULAM.
5. SIMI N.D.
W/O.JIJI JOSEPH, AGED 40 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PETTAH HOUSE,
VARAPUZHA P.O., ERNAKULAM.
6. RETHY T.G.
W/O.BABU K., AGED 41 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PUNARTHAM HOUSE,
WEST KADUNGALLOOR, MUPPATHADAM P.O., ALUVA.
7. JESSY T.K.
W/O.SUNIL P.JOHNS, AGED 40 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PITTAPPILLY HOUSE,
KURUPPUMPADY P.O., PARA, ERNAKULAM.
OP (CAT).No. 121 of 2017 (Z)
8. BINDUMOL M.N.
W/O.SURENDRAN, AGED 41 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT MANICKAKUNNEL
HOUSE,
LAKKATTOOR P.O., KOTTAYAM.
9. C.R.SHIJA
W/O.U.V.SAHAJAN, AGED 36 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT ESIC QUARTERS
NO.17,
PATHALAM, UDYOGAMANDAL-683501.
10. SABIDA P.S.
W/O.PRADEEP K.S., AGED 38 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT KIZHAKKEPOKKATHARA,
VAIKOM P.O., KOTTAYAM.
11. NASEEMA C.M.
W/O.JOHNSON THOMAS, AGED 33 YEARS, STAFF NURSE,
ESI HOSPITAL, UDYOGAMANDAL,
RESIDING AT KARALIL JOHNSON VILLA, EAST KALLADA P.O.,
KOLLAM-691502.
12. RENJINI E.K.
W/O.REJEESH FRANCIS, AGED 37 YEARS, STAFF NURSE,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT KANJIRATHINKAL
HOUSE,
THODUPUZHA P.O., OLAMATTOM, IDUKKI.
13. SAJITHA JOSEPH
W/O.KUNJUMON THOMAS, AGED 39 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT MALARKATTU HOUSE,
KANAKKARY P.O., KOTTAYAM-686632.
14. BIJI T.M.
W/O.SKARIAH K.K., AGED 40 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT KUTTIKATTU HOUSE,
KUNNACKAL P.O., VALAKOM, MUVATTUPUZHA, ERNAKULAM.
15. SIBY T.MATHEW
W/O.THANKACHAN JOSEPH, AGED 40 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT AVIRAPPATTU HOUSE,
KURUPPAMPADY, ERNAKULAM DISTRICT.
16. SHYNI P.
W/O.VIPINCHANDRAN, AGED 42 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT SREENILAYATH,
VADAYAR P.O., THALAYOLAPARAMBU, KOTTAYAM.
17. NASEERA M.P.
W/O.ALIAR M.B., AGED 33 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT MANICKAL HOUSE,
PAREEKKANNI P.O., PAIMUTTOM.
OP (CAT).No. 121 of 2017 (Z)
18. PUSHPITHA POULOSE
W/O.JOJU V.R., AGED 33 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT VADAYIL HOUSE,
MATHILAKAM P.O., THRISSUR.
19. K.T.OMANA
W/O.M.P.SASI, AGED 48 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT SISIRAM HOUSE,
ZEENATH JUNCTION, ALUVA.
20. P.K.JAMUNA
W/O.M.K.SHAJU, AGED 45 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PARAPPATTU HOUSE,
PAMPAKUDA P.O., ERNAKULAM-686667.
21. HAJARA O.H.
W/O.K.K.AZEEZ, AGED 43 YEARS, STAFF NURSE GRADE I,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT KALANGARA HOUSE,
PALATHURUTH, CHENDAMANGALAM P.O., NORTH PARAVOOR,
ERNAKULAM.
22. ELBYMOL ELDHO
W/O.SHAJIMON P.G., AGED 42 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PAREKUDIYIL HOUSE,
VARAPETTY P.O., KOTHAMANGALAM, ERNAKULAM-686691.
23. TREESA STOY PALAKKAL
W/O.JIJU T.V., AGED 35 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT THARAYIL HOUSE,
POYYA P.O., THRISSUR DISTRICT.
24. SOPHYA VARGHESE
AGED 40 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT PALLATH HOUSE,
NELLIMATTOM P.O., KOTHAMANGALAM.
25. JEENA SAJI
W/O.SAJI A.K., AGED 34 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT ADAKKARA HOUSE,
THURUTHY P.O., PERUMBAVOOR.
26. JOLY I.G.
W/O.C.V.MATHEW, AGED 53 YEARS, STAFF NURSE GRADE II,
ESI HOSPITAL, UDYOGAMANDAL, RESIDING AT CHIRAYIL HOUSE,
UDAYAMPEROOR P.O., TRIPUNITHURA-682307.
BY ADVS.SRI.THAMPAN THOMAS
SRI.B.V.JOY SANKER
OP (CAT).No. 121 of 2017 (Z)
RESPONDENTS/RESPONDENTS 1 TO 9 IN O.A./ADDITIONAL RESPONDENTS:
------------------------------------------------------------------
1. UNION OF INDIA
REP. BY THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT,
SHRAM SHAKTHI BHAWAN, NEW DELHI-110002.
2. EMPLOYEES STATE INSURANCE CORPORATION
PANCHADEEP BHAVAN, NEW DELHI-110002,
REPRESENTED BY ITS DIRECTOR GENERAL.
3. THE DIRECTOR GENERAL
EMPLOYEES STATE INSURANCE CORPORATION,
PANCHADEEP BHAVAN, NEW DELHI-110002.
4. THE MEDICAL SUPERINTENDENT
ESIC MODEL AND SUPER SPECIALITY HOSPITAL, ASRAMAM,
KOLLAM DISTRICT.
5. THE MEDICAL SUPERINTENDENT
ESIC HOSPITAL, UDYOGAMANDAL, ERNAKULAM DISTRICT,
PIN-683501.
6. THE REGIONAL DIRECTOR
EMPLOYEES STATE INSURANCE, REGIONAL OFFICE,
CORPORATION, PANCHADEEP BHAVAN, N S ROUND,
THRISSUR-20.
7. STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
LABOUR AND REHABILITATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695023.
8. THE DIRECTOR OF INSURANCE MEDICAL SERVICES
THYCAUD, THIRUVANANTHAPURAM-695001.
9. SHEEJA IGNATIUS
AGED 43 YEARS, W/O.VARGHESE JOSEPH, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT AJITH BHAVAN, ARA 69A, MUNDAKKAL EAST,
KOLLAM.
10. SUJATHADEVI B.L.
AGED 51 YEARS, W/O.KRISHNAKUMAR C., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT MADAVAM, PERINADU P.O., KADAVOOR,
KOLLAM.
11. ASHA VIJAYAN
AGED 41 YEARS, W/O.VIJAYAN, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KULANGARA, HOUSE NO.145B,
ASRAMAM, KOLLAM.
OP (CAT).No. 121 of 2017 (Z)
12. BINUMOL SANTHOSH
AGED 41 YEARS, W/O.SANTHOSH, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT HOUSE NO.39, SREELAYAM,
KAVADIPURAM NAGAR, ASRAMAM, KOLLAM.
13. SREEJAMOL S.
AGED 43 YEARS, W/O.ASHOK KUMAR, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ASHOKAM, 177A, SREEBHADRA NAGAR,
ULIYAKOVIL P.O., KOLLAM.
14. JEMINI THOMAS
AGED 42 YEARS, W/O.THOMASKUTTY, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT HOUSE NO.201A, GRACE COTTAGE.
15. JAYAMMA JIMMY
AGED 39 YEARS, W/O.JIMMY JOSEPH, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SREEBHADRA NAGAR, ULIYAKOVIL P.O.,
KOLLAM.
16. SHEELAKUMARY
AGED 39 YEARS, W/O.RAJENDRAPRASAD, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ASWATHY BHAVAN, PUTHENKULAM P.O.,
PARAVOOR, KOLLAM.
17. PRIYA AJITH
AGED 40 YEARS, W/O.AJITHKUMAR, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KARNIKAM, FLAT NO.204, VAIDYA APARTMENT,
KAVADIPURAM NAGAR, ASRAMOM P.O., KOLLAM.
18. ANNAMMA THOMAS
AGED 59 YEARS, W/O.SASI, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ELOOR RAZHIKTH, CHANDANATHOPE P.O.,
KOLLAM.
19. SREEJA ANIL
AGED 37 YEARS, W/O.ANIL, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SREENANDANAM, HOUSE NO.154A,
LAKSHMANA NAGAR, ASRAMAM P.O., KOLLAM.
20. SUMANGALA
AGED 44 YEARS, W/O.VIJAYAKUMAR, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SREELAKSHMY, UMAYANALLOOR,
ESTATE P.O., KOLLAM-691589.
OP (CAT).No. 121 of 2017 (Z)
21. ALEYAMMA SAJI
AGED 41 YEARS, W/O.SAJI JOSEPH, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT FLT NO.101/D2, VAIDYA GARDEN,
KAVADIPURAM NAGAR, ASRAMAM P.O., KOLLAM.
22. BINDU T.
AGED 44 YEARS, W/O.DEVARAJAN, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KRISHNAKRIPA, MANAYIL KULANGARA NAGAR 103,
THIRUMULLASWARAM, KOLLAM.
23. SUJATHA UMESH
AGED 43 YEARS, W/O.UMESH, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ESI QUARTERS NO.3, ASRAMAM P.O.,
KOLLAM.
24. SHINY GEORGE
AGED 45 YEARS, W/O.GEORGE, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ESI QUARTERS NO.3, ASRAMAM P.O.,
KOLLAM.
25. SUNIMOL BINU
AGED 40 YEARS, W/O.BINU, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SIVA HARI, ARADHANA NAGAR 17,
ULIYAKOVIL, KOLLAM.
26. BINUSHMA P.G.
AGED 37 YEARS, W/O.SUNILKUMAR, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT TC 48/882(2), GOKULAM,
KONCHIRAVILA, MANAKKADU P.O., THIRUVANANTHAPURAM.
27. PRIYA P.
AGED 36 YEARS, W/O.M.THILAKAN, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KOLLAYIL CHARUVILA PUTHENVEEDU,
KARIMPALOOR, PUTHENKULAM P.O., KOLLAM-691302.
28. SHERIN N.B.
AGED 36 YEARS, W/O.BIJU V., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT NEHALAYAM, ALAMUKKU,
POOVACHAL P.O., THIRUVANANTHAPURAM-695575.
29. KUNJUMOL P.N.
AGED 43 YEARS, W/O.K.K.RAJU, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SOPANAM, SAMURTHI NAGAR, 8-A,
ASRAMAM P.O., KOLLAM-691302.
OP (CAT).No. 121 of 2017 (Z)
30. BELSISTER D.
AGED 43 YEARS, D/O.DEVANESAN J., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT MELMALA CHARUVILA PUTHENVEEDU,
KOTTACKAL P.O., THIRUVANANTHAPUAM.
31. L.PADMAKUMARI
AGED 44 YEARS, W/O.PRAVEENKUMAR K.S., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KRISHNA, TC 21/1461, NEDUMCADU,
KARAMANA P.O., THIRUVANANTHAPURAM-695002.
32. BINDU M.THOMAS
AGED 42 YEARS, W/O.SINI GEORGE, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KOLLAMPPALLYTHARA, MERA NAGAR,
80-4, MUNDAKKAL, KOLLAM DISTRICT.
33. INDU S.
AGED 40 YEARS, W/O.PADMAKUMAR G., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT NIVEDHYAM, H.NO.08/332,
MEKKONE CHANDANA THOPPU P.O., KOLLAM-691014.
34. ROSE CHARLES
AGED 42 YEARS, W/O.SHAJI K.V., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KOKKAPPALLIL HOUSE, THONACKADU P.O.,
CHERIYANADU, CHENGANNUR, ALLEPPEY DISTRICT.
35. BINDU S.
AGED 42 YEARS, W/O.JAYAPRAKASH K., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT PULIYANMAVIL HOUSE, KAVUMBHAGOM P.O.,
KIZHAKKUMMINRI, THIRUVALLA, PATHANAMTHITTA-689102.
36. SREELEKHA P.B.
AGED 43 YEARS, W/O.P.RADHAKRISHNAN, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ANAYADI, PADEETATHIL, PALLARVIMANGALAM P.O.,
MAVELIKKARA, ALLEPPEY DISTRICT.
37. KAVITHA ARAVIND
AGED 40 YEARS, W/O.BINULAL, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KRISHNA GADHA, KOTTIKADA P.O.,
KOLLAM DISTRICT.
38. SUNITHA S.
AGED 37 YEARS, W/O.SHAJI T.J., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SHAJI NIVAS, MITHRANIKETHAN P.O.,
VELLANADU, THIRUVANANTHAPURAM.
OP (CAT).No. 121 of 2017 (Z)
39. SUSHEELA T.
AGED 48 YEARS, W/O.SURESH BABU V., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SABHALAYAM, EDAVATTOM, VELLIMON P.O.,
KERALAPURAM, KOLLAM-691511.
40. SR.SHEEBA C.J.
AGED 35 YEARS, D/O.C.V.JOSE, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT PROVINCIATATE SISTERS,
AT THE HOLY CROSS, KOLLAM.
41. SIJITHA S.
AGED 40 YEARS, W/O.SUNIL P.S., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SOUPARNIKA, KUZHIYAM SOUTH TEMPLE NAGAR,
HOUSE NO.5, CHANDANA THOPPU P.O., KOLLAM-691014.
42. SEENA M.NAIR
AGED 37 YEARS, W/O.ANILKUMAR R., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SEENA SADAN, VALANCHERY,
KILIMANOOR P.O., THIRUVANANTHAPURAM-695601.
43. ANNIE PIUS
AGED 37 YEARS, W/O.GRACIOUS K.E., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SHARON COTTAGE, MARUTHADY P.O.,
KOLLAM-691003.
44. SHEENA H.M.
AGED 36, W/O.SANTHOSH R.P., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT SHEENA MANDIRAM, EDATHARA P.O.,
KARYAM, KADAKKAL, KOLLAM-691536.
45. SOUMYA S.
AGED 32 YEARS, W/O.SHAIJU B., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT OZHUKUPARA HOUSE, VATTAPARA,
THIRUVANANTHAPURAM-695028.
46. DIANA JOSEPH
AGED 35 YEARS, W/O.ASOK EAPEN, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT AN-125, ADARSH NAGAR, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
47. LAISAMMA P.M.
AGED 41 YEARS, W/O.KURIAN T.C., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT THADIMATTATHIL HOUSE, PARAMPUZHA P.O.,
KOTTAYAM-686004.
OP (CAT).No. 121 of 2017 (Z)
48. PREETHA S.V.
AGED 34 YEARS, W/O.SAJUMON K., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT UTHRAM, KAVOTTUMUKKU, KAZHAKKOOTAM,
THIRUVANANTHAPURAM-695582.
49. VINEETHA KUMARY T.K.
AGED 33 YEARS, W/O.G.K.SHANOJ, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT THRAISHAM, IRUKKUNNAM, NETTAYAM,
MANICANDESWARAM P.O., THIRUVANANTHAPURAM.
50. SURYA K.
AGED 45, W/O.MADHU P.P., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KAREETHARA HOUSE, CHETTIMANGALAM,
THEKKENADA P.O., VAIKOM, KOTTAYAM-686142.
51. JEENA PAUL
AGED 40 YEARS, W/O.JIJU P.D., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT POLLAYIL HOUSE, ALANGAD P.O.,
NEAR ST.MARY'S CHURCH, ERNAKULAM.
52. MANJU M.V.
AGED 39 YEARS, W/O.G.D.HARIKUMAR, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT GOKULAM, HOUSE NOL.20, V.S.P.NAGAR,
KERAVDDURAY, PATTOM P.O., THIRUVANANTHAPURAM.
53. PRABHU KUMAR R.A.
AGED 34 YEARS, S/O.D.RAVEENDRAN, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT PRANAVAM, MULAMMOODU, MUKKAMPALAMOODU,
NARUVAMOODU P.O., THIRUVANANTHAPURAM-695020.
54. GEETHAKUMARI N.
AGED 39 YEARS, W/O.SURESH KUMAR C., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT NERMALAYAM, PERUMPUZHA P.O., KUNDARA,
KOLLAM-691504.
55. ROOPA P.
AGED 38 YEARS, W/O.GOPAKUMAR M.G., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT ANUROOP, PANAMANNA P.O., OTTAPPALAM,
PALAKKAD-679501.
56. INDU P.R.
AGED 41 YEARS, W/O.VIJAYAN V., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT NANDAKRISHNA, KANNIMEL CHERRY,
MARUTHADY, KOLLAM.
OP (CAT).No. 121 of 2017 (Z)
57. AMBILI R.
AGED 46 YEARS, W/O.CYRIL CHACKO, STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT KALLUVILA VEEDU, THANNICODU,
KUNDARA, KOLLAM-691501.
58. AMBILI P.A.
AGED 39 YEARS, W/O.BIJU P., STAFF NURSE,
ASHRAMAM, ESI HOSPITAL, KOLLAM DISTRICT,
RESIDING AT NADUMUTTAM HOUSE, NEELESWARAM P.O.,
KALADY, ERNAKULAM.
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
BY SRI.K.P.HARISH
BY SHRI P. SANKARANKUTTY NAIR,SC, ESIC CORPORATION
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 22-05-2017, ALONG
WITH OPCAT. 130/2017, THE COURT ON 24.05.2017 DELIVERED THE FOLLOWING:
OP (CAT).No. 121 of 2017 (Z)
-----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 26-10-2016 OF THE HON'BLE
CENTRAL ADMINISTRATIVE TRIBUNAL O.A.NO.627/2015.
EXHIBIT P2 TRUE COPY OF THE O.A.NO.627/2015 DATED 05-08-2015.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 11-08-2015.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT AND ORDER DATED 4-1-16 PASSED
BY THE HON'BLE HIGH COURT OF KERALA IN OP(CAT)NO.146/2015.
EXHIBIT P5 TRUE COPY OF THE PROCEEDING DATED 09-03-2017 PASSED BY
THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO.207-208 OF 2011.
EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF SENIORITY LIST OF STAFF
NURSE, KERALA REGION AS ON 28-10-2016 NOI.542/A/24/13(1)MHA/13/ADM
DATED 07-02-2017.
RESPONDENT(S)' EXHIBITS
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NIL
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON
&
SHIRCY V, JJ.
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O.P.(CAT)Nos.121 & 130 OF 2017
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Dated this the 24th May, 2017
J U D G M E N T
P.R. Ramachandra Menon, J.
Both the above Original Petitions arise from an interim order passed by the Central Administrative Tribunal, Ernakulam in two different O.As on two different dates, whereby the interim stay granted earlier (staying all further proceedings pursuant to the impugned orders/proceedings) have been modified and the Department is permitted to proceed with further steps, including by way of promotion of the eligible persons, based on the seniority stated as finalised, however, making it subject to the result of the Original Applications. The grievance is that the petitioners/applicants have been fighting for fixation of their seniority for quite long and they have already secured a verdict in their favour from the Tribunal, which came to be confirmed by this Court on dismissing the Original Petition filed therefrom, though it stands stayed by the Apex Court, where the issue is O.P.(CAT)Nos.121 & 130 of 2017 2 pending.
2. The prayers raised by the petitioners/applicants in O.A.627 of 2015 (which forms the subject matter of O.P.(CAT) No.121 of 2017), are as given below:
"i) to call for the records relating to the case and quash Annexures A13, A14 and A15 orders and all further proceedings thereon including any procedure adopted by the respondents affecting the promotion and seniority of the applicants.
ii) to declare that applicants are entitled for promotion and institutional seniority from 02.11.2009, the date of takeover of ESI Hospital, Udyogamandal from the State Government and that they are entitled for all service benefits including arrears of pay, arrears of leave, bonus, advances, compensation allowance and retirement benefits and for all other benefits given to the similarly situated ESI Corporation employees.
iii) to direct the respondents 2, 3 and 4 to protect the applicants institutional seniority and to give them due promotion and monetary benefits in the absorbed service of the ESI Corporation according to designation and seniority in State Service; and
iv) to award costs and such other reliefs which may be granted as ancillary and incidental to the main reliefs. ..
3. The prayers raised in O.A.168 of 2017 (which forms the subject matter of consideration in O.P.(CAT)No.130 of 2017), are in the following terms:
"i) to call for the records relating to the case and O.P.(CAT)Nos.121 & 130 of 2017 3 quash Annexure A-8 and all further proceedings thereon affecting the promotion and seniority of the applicants.
ii) to direct the respondents 2 to 6 to protect the applicants institutional seniority in the service of the ESI Corporation and to implement rule 3.4.1 of FRSR applicable to the applicants as her service is absorbed in public interest
iv) to award costs and such other reliefs which may be granted as ancillary and incidental to the main reliefs."
4 The nature of grievance projected and the sequence of events narrated are more or less similar and hence the parties and proceedings are referred to as given in O.P.(CAT)No.121 of 2017.
5. Heard Mr. Thampan Thomas, the learned counsel for the petitioners in both the cases, Mr. T.V. Ajayakumar, the learned Standing Counsel appearing for the ESI Corporation, Mr. K.P. Harish, the learned counsel appearing for some of the contesting respondents and the learned Central Government Counsel appearing on behalf of the first respondent/Union of India .
6. The crux of the contentions raised by the petitioners in O.P.(CAT)No.121 of 2017 is that, they were originally appointed in the State Service as Staff Nurses and subsequently came to be absorbed in the service of the respondent Corporation. But their seniority was not properly reckoned, which led to several O.P.(CAT)Nos.121 & 130 of 2017 4 litigations. On approaching the Tribunal by filing O.A.No.1175 of 2013, a verdict was passed therein on 26.02.2015, whereby it was declared that the petitioners/applicants were to be treated as absorbed in the E.S.I.Hospital, Udyogamandal w.e.f. 02.11.2009.
7. On being aggrieved of the said verdict, the E.S.I. Corporation preferred O.P.(CAT)No.146 of 2015 before this Court. After hearing the matter in detail, interference was declined and the O.P. was dismissed by this Court, which was sought to be challenged by filing SLP No.16694 of 2016 before the Apex Court. Leave was granted and operation of the judgment dated 04.01.2016 passed by this Court in O.P.(CAT) No.146 of 2015 stands stayed by the Apex Court.
8. It is contended that on the basis of the interim order of stay granted by the Apex Court, the respondent Corporation proceeded with further steps, ignoring the 'institutional seniority' of the petitioners/applicants (already declared and settled by the Central Administrative Tribunal and also by this Court; though now pending before the Apex Court), to prepare a Seniority List of employees placing much juniors above the O.P.(CAT)Nos.121 & 130 of 2017 5 petitioners/applicants. This was sought to be intercepted by filing O.A.No.627 of 2015, also raising other prayers as extracted already. Some of the party respondents have also approached the Tribunal by filing O.A.No.673 of 2016, praying for a direction to convene the DPC and to give promotion to them. The Tribunal, after considering the interim relief sought for in O.A.No.627 of 1015 had originally granted an interim stay of all further proceedings pursuant to the impugned orders. But after obtaining the interim order of stay of the verdict passed by this Court in O.P.(CAT)No.146 of 2015 from the Apex Court, steps were pursued to get the stay granted by the Tribunal modified/vacated. It was after considering the same, that the Tribunal passed an order dated 26.10.2016, vacating the stay and making it 'subject to the result of the Original Application', to meet the balance of convenience. Almost similar orders have been passed by the Tribunal on 05.04.2017 in O.A. 168 of 2017 as well and these orders have been subjected to challenge in these Original Petitions.
9. The learned counsel for the petitioners submits, as pointed out in the Original Petitions, that the petitioners have O.P.(CAT)Nos.121 & 130 of 2017 6 already moved the Apex Court by filing an I.A. to vacate the stay, which is still pending. It is also pointed out that the petitioners/applicants had moved the Central Administrative Tribunal as well, for re-consideration of the order under challenge. But, interference was declined and the M.A. was dismissed. According to the petitioners, it was not at all correct or proper for the Tribunal to have varied/modified the interim order of stay, which was in force for nearly 1 = years; instead of finalising the matter. The orders under challenge will pave for multiplicity of litigations and there is every chance for juniors to occupy the chairs over and above the petitioners, in total disregard to their seniority, based on the declaration already made by the Tribunal and confirmed by this Court. It is also pointed out that, no proper Seniority List has been prepared by the authorities in conformity with the relevant provisions of law and as such, no promotion can be given to anybody based on such list, which is stated as brought into force.
10. The learned Standing Counsel for the Corporation as well as the learned counsel appearing for the party respondents mentioned above submit that, the O.As. are not maintainable O.P.(CAT)Nos.121 & 130 of 2017 7 and that the petitioners have not chosen to produce all the relevant documents/proceedings before this Court, particularly the pleadings raised from their part. It is further stated that the respondents were always ready and willing to have the matter finally heard and decided; but the cases were being got adjourned at the instance of the applicants, having already obtained an interim order of stay stalling the promotions in toto. It is pointed out that, by virtue of blanket stay granted by the Tribunal, the entire promotion came to a standstill and the organisational interest is quite adversely affected, besides the hardships being caused to the eligible hands. The merit of the case is also sought to be disputed raising various grounds .
11. After hearing both the sides, this Court finds that there is certainty at least with regard to one aspect, that the declaration obtained by the petitioners to have their 'institutional seniority' reckoned with effect from a prior date (as declared by the Tribunal and as confirmed by this Court) has not become final, as the said issue is still pending before the Apex Court, where an interim order of stay of the verdict passed by this Court has been granted . The picture will become clear only on O.P.(CAT)Nos.121 & 130 of 2017 8 finalisation of the issues pending consideration before the Apex Court and admittedly, the petitioners have moved the Apex Court for vacating the stay. Though an interim order of stay was granted by the Tribunal initially, on considering the facts and figures, it was felt that such blanket stay will prejudice many eligible persons and it will be detrimental to the organisational interest. Ultimately, if the Apex Court passes a verdict repelling the challenge raised against the verdict passed by this Court in O.P.(CAT)No.146 of 2015, in turn upholding the eligibility of the petitioners to have reckoned their 'institutional seniority', it is quite possible to extend appropriate relief to them by way of appropriate means/measures. But, if the entire promotion exercise is stalled, it will never be in the better interest of anybody and can yield only quite adverse results. It was accordingly, that the balance of convenience was weighed by the Tribunal, who passed an order, specifically making it clear that the modification made by the Tribunal will be without prejudice to the rights of the applicants/petitioners and that, it will be 'subject to the result of the O.As', pending. This Court, in exercise of supervisory jurisdiction under Article 227 of the O.P.(CAT)Nos.121 & 130 of 2017 9 Constitution of India finds it difficult to brand the course pursued by the Tribunal as illegal, arbitrary or improper in any manner, it being purely within the four walls of law.
12. It is brought to the notice of this Court by the learned counsel for the respondents, that the O.As have been listed for final hearing on the 25th of this month. It is also stated that the respondents are ready to have the matter finally heard on any date. In the said circumstance, this Court does not find it proper to say anything with regard to the merit of the case. No interference is warranted; but for expressing the hope and desire, that the O.As pending before the Tribunal will be considered and finalised in accordance with law, at the earliest.
With the above observations, the Original Petitions are disposed of.
P.R. RAMACHANDRA MENON, JUDGE SHIRCY V, JUDGE lk