KERALA GOVERNMENT Vs. DIRECTOR OF INSURANCE MEDICAL SERVICE

JUDGEMENT

(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 E.S.I. Hospital for absorption in the E.S.I. Corporation (hereinafter referred as E.S.I.C. and another Government order giving sanction to the Director of Insurance Medical Service to relieve the employees of E.S.I. Hospital, Paripally and Ezhukone from the State Government Service to be absorbed in E.S.I.C. 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 (E.S.I.) Hospitals in Kerala. E.S.I.C. had decided to transform certain State E.S.I. Hospitals in Kerala to model hospitals to be run by them. On that basis, the E.S.I. 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 E.S.I. State Service employees were given an option to choose the service to the model hospital of E.S.I.C. on deputation.

(2.) It is said that subsequently E.S.I. Hospital, Udyogamandal was also handed over to E.S.I.C. Ext.P2 is the relevant Circular of the Government. In Ext.P2 also an option was given to persons in E.S.I. State Service having two years minimum experience as on 1.1.2006 to join E.S.I.C.

(3.) E.S.I.C. has decided to transform E.S.I. 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 E.S.I.C. to absorb only those who were presently working in those hospitals and on deputation, overlooking the seniority and specialization of the entire E.S.I. State Service doctors, they submitted Exts.P3 and P4 representations. At this stage Ext.P5 order is issued permitting E.S.I.C. 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.