MADHUBALA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) All these writ appeals involve identical facts and question of law and they arise out of common order dated 21.11.2012 passed by the learned Single Judge as such they were being heard together and are decided by this common order.

(2.) The petitioner is a Doctor by profession. She is an employee of the State Government. She was posted in the ESI Hospital run by the State Government. On account of the decision being taken for handing over the said hospital belonging to the State Government to the ESIC, it was resolved that all the employees serving in the said hospital of the State Government situated at Nandanagar, Indore shall be treated as on deputation with ESIC initially for a period of one year which can be extended upto three years. In furtherance to the said decision various correspondent including Annexures P-1 to P-11 took place between the State Government and the ESIC, reflecting therein that a process for absorption of those employees who were sent on deputation was also initiated.

(3.) It is not in dispute that the initial period of deputation was extended by the State Government from time to time upto 31.11.2012. However, by the impugned order dated 3.2.2012 the State Government informed the petitioner and the ESIC that the petitioner's period of deputation is not extended further and she along with the entire staff which was on deputation was ordered to be repatriated on account of shortage of employees with the State Government. Feeling aggrieved, the petitioner and various other Doctors have filed the writ petitions which have been decided by the common order impugned in this writ appeal.