IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 15822 of 2009(W) --------------------------------------- PETITIONER: ------------------- SAFNA.U., AGED 24 YEARS, W/O.MOUHSIN, UZHUNNA HOUSE, EDAVANNA P.O., CHEMBAKUTH, MALAPPLURAM- 676 541. BY ADV. MR.N.K.MOHANLAL. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH, TRIVANDRUM. 3. EMPLYEES STATE INSURANCE CORPORATION, REPRESENTED BY DIRECTOR GENERAL, NEW DELHI. 4. REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, ALAPPUZHA. 5. MEDICAL SUPERINTENDENT, EMPLOYEES STATE INSURANCE CORPORATION, MODEL AND SUPER SPECIALITY HOSPITAL ASRAMAM, KOLLAM. 6. JOINT DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, MODEL AND SUPER SPECIALITY HOSPITAL, ASRAMAM, KOLLAM. R1 BY MR.P.PARAMESWARAN NAIR,ASST.S.G., R2 BY GOVT. PLEADER MR. P. NANDAKUMAR, R3 TO R6 BY MR.P.SANKARANKUTTY NAIR, SC, ESI CORPN., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15822/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ADVERTISEMENT INVITING APPLICATIONS FOR VARIOUS PARA MEDICAL POSTS. EXT.P.2: COPY OF THE CALL LETTER DTD. 01/01/2009. EXT.P.3: COPY OF THE RANK LIST. EXT.P.4: COPY OF THE CANDIDATES SELECTED FOR THE STAFF NURSES UNDER GENERAL CATEGORY AND OBC CATEGORY. EXT.P.5: COPY OF THE NEWS PAPER REPORT. EXT.P.6: COPY OF THE NEWS PAPER REPORT. RESPONDENTS' ANNEXURE: ANNEXURE A1: COPY OF THE LETTER DTD. 22/04/2009 ISSUED BY THE R.6. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 15822 of 2009 W =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of July, 2009 JUDGMENT Heard learned counsel appearing on both sides. 2. The petitioner challenges the selection and appointment of candidates to the post of Staff Nurse in Employees State Insurance Corporation. The petitioner also seeks appointment to the category of Staff Nurse. The Government of India have by notification published in the official gazette made the provisions of the Administrative Tribunals Act, 1985 applicable to E.S.I. Corporation with effect from 12-5-1986. Therefore, the remedy of the petitioner, if she is aggrieved by Ext.P4 select list, is to move the Central Administrative Tribunal, Ernakulam Bench constituted under the Administrative Tribunals Act, 1985. Therefore, without prejudice the contentions of the petitioner and reserving liberty with her to move the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1988, this writ petition is dismissed. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, JUDGE. mn.