GEETHA P Vs. EMPLOYEES INSURANCE CORPORATION

JUDGEMENT

(1.) The petitioners are the mother and daughter; the mother is an employee within the protective cover of the ESI Corporation ("the Corporation). Under the Employees' State Insurance Act, 1948, the employee is an insured person. She continues to be so as long as her salary remains within the statutory ceiling.

(2.) The employee's daughter secured a rank in the NEET entrance. To get her daughter admitted to a medical college for the undergraduate course (MBBS/BDS) under the ESI quota, the employee claimed "Ward of Insured Person Certificate" but could not get it. The Corporation rejected it, through the Ext.P6. Questioning the Ext.P6 order of rejection, dated 06.06.2018, both the mother and the daughter filed this writ petition.

(3.) The Corporation, as seen from the Ext.P6, rejected the employee's claim on the premise that she did not fulfill the eligibility criterion under Clause 8(a) of the admission policy. That is, the employee has not been in continuous insurable employment for five/four/three years. Submissions: