IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 16843 of 2008(E) -------------------------- PETITIONER: ------------ DR.K.V.PADMAKUMAR, KOPLAZHIKATHU, KANJAVELI P.O., KOLLAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) .A.R.DILEEP RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT IN THE DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL, EMPLOYEES STATE INSURANCE CORPORATION, NEW DELHI. 3. DEPUTY DIRECTOR, E.S.I. MODEL HOSPITAL, ASRAMAM, KOLLAM. 4. MEDICAL SUPERINTENDENT, E.S.I. MODEL HOSPITAL, KOLLAM. 5. DR.PRABHAKARAN PILLAI, MEDICAL OFFICER HOMOEO, DEPARTMENT OF CHARGE, ESI CORPORATION, MODEL HOSPITAL, ASRAMAM, KOLLAM. BY SC,ESI, SRI.P.SANKARANKUTTY NAIR GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 16843 of 2008 -------------------------- Dated this the 17th June, 2008 J U D G M E N T Petitioner, who is a Graduate in Homoeopathic Medical Science, had applied for the post of Homoeo Doctor at E.S.I. Model Hospital, Kollam. He applied against short term vacancy notified under Exhibit-P1. Thereafter, petitioner was Rank No.1 in the selection conducted by the Board. He was then appointed as per Exhibit-P3 order. According to the petitioner, E.S.I. Hospital, Kollam, Homoeo Department has two sanctioned posts of Medical Officers in the ESI Hospital, Kollam. ESI Hospital, Kollam under the Insurance Medical Services Department was handed over to ESI Corporation, as evidenced by Exhibit-P6. Petitioner submits that he continued to work till 11.11.2006 on which date his services were dispensed with. Petitioner then submitted Exhibit-P7 application for extension of his contract service. Exhibit-P7 was followed by Exhibit-P8. W.P ( C) No. 16843 of 2008 2 According to the petitioner, if the Director General takes a decision Exhibits P7 and P8, he could be required to continue in service. The writ petition is therefore, filed for a direction to the Medical Superintendent in the ESI Model Hospital, Kollam to forward Exhibits P7 and P8 to the Director General of the ESI Corporation. 2. On instructions, Sri.Sankarankutty Nair, learned standing counsel appearing for the ESI Corporation submits that Exhibits P7 and P8 have not been received by the addressee and therefore, no action was taken thereon. I do not think it is necessary to resolve the controversy as such whether Exhibits P7 and P8 have actually been received by the concerned addressee. In circumstances where the request of the petitioner is to extend his contract service, the Director General may take a decision on Exhibits P7 and P8 and then issue a suitable direction to the 4th respondent. In the result, the writ petition is disposed of in the following terms: W.P ( C) No. 16843 of 2008 3 i) Petitioner shall produce a copy of the writ petition before the 4th respondent within a period of two weeks from today. Fourth respondent shall forward the same along with copy of the judgment to the 2nd respondent who shall take a decision on Exhibit-P7 and any other supplementary representation which the petitioner wants to submit, within a period of three months thereafter. (V.GIRI, JUDGE) ma W.P ( C) No. 16843 of 2008 4 W.P ( C) No. 16843 of 2008 5