ANIMA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Rule the petitioner has impeached a notice dated July 14, 1973 (Annexure A), intimating thereby that the name of Lokenath Pharmacy, bearing Code No. PAR Chem, an approved Chemist Shop under the E.S.I. (M.B.) Scheme, West Bengal, should not be removed from the approved Chemist Shops under the said Scheme with effect from September 1, 1973.

(2.) Undisputedly the petitioner is a proprietress of ?Lokenath Pharmacy? Chemists and Druggist, and had been carrying on the business of medicine shop and was subsequently appointed and approved as a Chemist shop by the respondents in the year 1964 under the Employees' State Insurance (Medical Benefit) Scheme, West Bengal (hereinafter referred to as the said Scheme). Such appointment was admittedly made on the basis of terms and conditions of service of approved Chemist Shops under the said Scheme. The clauses of the agreement aforesaid herein relevant for the present purpose are the following :

(3.) It has been alleged that the petitioner as owner of the aid Chemist Shop duly possessed the necessary license under the Drugs Act, 1940 and other required licenses for the said shop and after enquiry and investigation, the appointment as mentioned hereinbefore was made and Code No. PAR-IV-57-Chem was allotted to the said Shop. It has also been stated that in terms of such appointment at all material times, the petitioner duly supplied the necessary medicines without any complaint form anyone including the respondents. It further appears from the petition that during the tenure of service under the said terms and conditions of services, the petitioner was also authorized to supply medicines on the prescription of the insurance medical practitioners who are approved panel Doctors of the respondents and prescribed for insured persons and their family members. It also appears that the petitioner was supplied with list of Doctors in the panel as appointed by the respondents.