IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WA.No. 1131 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7968/2010 Dated 22/06/2010 .................... APPELLANT(S): / PETITIONERS 3 TO 6, 8 & 9 IN THE WP(C) -------------- 1. K.VIJAYAKUMARI, NURSING ASSISTANT, E.S.I.HOSPITAL, PARIPPALY KOLLAM. 2. N.CHANDRAN, NURSING ASSISTANT, E.S.I.HOSPITAL, PARIPPALLY,KOLLAM. 3. JAMEELA.S.,NURSING ASSISTANT. E.S.I.HOSPITAL,PARIPPALLY, KOLLAM. 4. A.NAZEEM BEVI, NURSING ASSITANT,E.S.I.HOSPITAL,PARIPPALLY, KOLLAM. 5. P.SUMATHYKUTTY AMMA, HOSPITAL ATTENDANT GRADE II, E.S.I.HOSPITAL,PARIPPALLY, KOLLAM. 6. G.SREEPATHY, HOSPITAL ATTENDANT GRADE-II E.S.I.HOSPITAL,PARIPPALLY,KOLLAM. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): / RESPONDENTS IN THE WP(C) --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INSURANCE MEDICAL SERVICES,THYCAUD, THIRUVANANTHAPURAM. W.A.NO.1131/2010 3. EMPLOYEES STATE INSURANCE CORPORATION, PANCHADEEP BHAVAN,C.I.G.ROAD, NEW DELHI-REPRESENTED BY ITS DIRECTOR GENERAL. 4. THE MEDICAL SUPERINTENDENT, E.S.I.HOSPITAL, PARIPPALLY, KOLLAM. 5. S.BABU, U.D.CLERK, O/O.THE DEPUTY DIRECTOR (HOMOEO) INSURANCE MEDICAL SERVICE,KOLLAM RESIDING AT EST QRS,KOLLAM-1. ADV. SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN FOR R3 &4 MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER MR.S.P.ARAVINDAKSHAN PILLAI FOR R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.1131 of 2010 --------------------------------- Dated, this the 15th day of March, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the common judgment of the learned Single Judge disposing of three Writ Petitions. The appellants case is that they should be given an option to continue in service in the ESI Corporation, which took over the hospitals where the appellants were working. However, the learned Single Judge found that the Government handed over the hospitals involved to the ESI Corporation only on 16/04/2010 and 20/04/2010 respectively and all the appellants have retired from the service of the State Government by 31/03/2010. We do not find any merit in the case of the appellants because prior to the take over of the hospitals by the ESI Corporation, they have retired from service. Consequently, we uphold the judgment of the learned Single Judge and dismiss the Writ Appeal. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg