Dr. Dilipkumar S vs Employee State Insurance ...
2022 Latest Caselaw 12601 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF OCTOBER 2022

                      PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

            W.A. NO.1469 OF 2015 (EDN-EX)

BETWEEN:

1.     DR. DILIPKUMAR S
       S/O SHAMRAO C
       AGED ABOUT 34 YEARS
       WORKING AS IMO-GRADE II
       ESIC MODEL HOSPITAL
       RAJAJINAGAR, BANGALORE-10
       R/O 27TH CROSS, 5TH MAIN
       BHUVANESHWARI NAGAR
       MAGADI ROAD, BANGALORE-23.

2.     D. PRATHIBHA M
       D/O MARIGOWDA
       AGED ABOUT 36 YEARS
       WORKING AS IMO-GRADE II
       ESIC MODEL HOSPITAL
       RAJAJINAGAR, BANGALORE-10
       R/AT NO.181, 7TH CROSS
       RAJAJINAGAR 1ST BLOCK
       BANGALORE-560010.

3.     DR. SUJIT BETAGERI
       S/O VISHWANATH P. BETAGERI
       AGED ABOUT 32 YEARS
       WORKING AS IMO-GRADE II
       ESIC MODEL HOSPITAL
                          2



     RAJAJINAGAR, BANGALORE-10
     R/AT. NO.102, TARANG PARKWAY APARTMENTS
     NO.40, SHIVANAGAR MAIN ROAD
     WEST OF CHORD ROAD, 2ND BLOCK
     RAJAJINAGAR, BANGALORE-560010.

4.   DR. CHETAN B.L.
     S/O LAKSHMIKANTH B.C.
     AGED ABOUT 34 YEARS
     WORKING AS IMO-GRADE II
     ESIC MODEL HOSPITAL
     RAJAJINAGAR, BANGALORE-10
     R/AT. NO.302, A BLOCK
     PARASMANE APARTMENT
     KENGERI SATELLITE TOWN
     BANGALORE-560040.

5.   DR. THEJASWINI S.P.
     D/O PUTTARAMAIAH S.R.
     AGED ABOUT 32 YEARS
     WORKING AS IMO-GRADE II
     ESIC MODEL HOSPITAL
     RAJAJINAGAR, BANGALORE-10
     R/AT NO.A-6/13, 3RD MAIN ROAD
     GEF BLOCK, INDUSTRIAL TOWN
     RAJAJINAGAR, BANGALORE-44.

6.   DR. MADHUSUDHAN B.R.
     S/O RAMARAJU
     AGED ABOUT 34 YEARS
     WORKING AS IMO-GRADE II
     ESIC MODEL HOSPITAL
     RAJAJINAGAR, BANGALORE-10
     R/AT NO.92, HEMADRI 1ST MAIN
     4TH CROSS, VINAYAKANAGARA
     KODIPALYA, KENGERI, BANGALORE-560060.

7.   DR. MAHABOOB BASHA S.K.
     S/O LATE ELAHI S.K.
     AGED ABOUT 31 YEARS
     WORKING AS IMO GRADE II
     ESIC MODEL HOSPITAL
                            3



      RAJAJINAGAR, BANGALORE-10
      R/AT NO.191, SECOND FLOOR, 3RD MAIN
      4TH BLOCK, RAJAJINAGAR
      BANGALORE-560010.

8.    DR. BASAVARAJU H.K.
      S/O H.B. KEMAPAIAH
      AGED ABOUT 34 YEARS
      WORKING AS IMO-GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/AT 13/4, 1K NILAYA, 1ST MAIN
      MARENAHALLI, VIJAYANAGAR
      BANGALORE-560040.

9.    DR. MANJUVANI V
      D/O VENKATAPPA
      AGED ABOUT 31 YEARS
      WORKING AS IMO-GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/AT NO.14, 15TH MAIN, J.C. NAGAR
      KURUBARAHALLI, RAJAJINAGAR
      BANGALORE-560086.

10.   DR. MOHAMMED HUSSIAN S
      S/O SIKANDAR M
      AGED ABOUT 32 YEARS
      WORKING AS IMO-GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-01
      R/O NO.33, II CROSS
      SHREE ARCADE LAYOUT
      DODDABOMMASANDRA
      VIDYARANYAPURA POST, BANGALORE-97.

11.   DR. ANAND PATIL
      S/O MAHADEVGOUDA PATIL
      AGED ABOUT 31 YEARS
      WORKING AS IMO-GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
                             4



       R/O H.NO.255, I B MAIN ROAD
       SHIVNAGAR, RAJAJINAGAR
       BANGALORE-10.

12.    DR. JAYALAKSHMI G
       D/O JANARDHANA G
       AGED ABOUT 33 YEARS
       WORKING AS IMO-GRADE II
       ESIC MODEL HOSPITAL
       RAJAJINAGAR, BANGALORE-10
       R/O 698/10, 73RD CROSS
       6TH BLOCK, RAJAJINAGAR
       BANGALORE-10.

13.    DR. VEDAVATHI B.L.
       D/O LAKSHMANA
       AGED ABOUT 31 YEARS
       WORKING AS IMO-GRADE II
       ESIC MODEL HOSPITAL
       RAJAJINAGAR, BANGALORE-10
       R/AT NO.27, SHIVAKRUPA
       ANNAPURNESWARI NAGAR
       KYATUMGERE LAYOUT
       MANDYA TALUK & DIST-571403
       MANDYA.

                                      ... APPELLANTS
(BY MRS. AKKAMAHADEVI HIREMATH, ADV.,)

AND:

1.     EMPLOYEE STATE INSURANCE CORPORATION
       MEDICAL DIVISION-IV, HQRS OFFICE
       PANCHADEP BHAVAN, C.I.G. MARG
       NEW DELHI-110002
       REP. BY ITS DIRECTORATE GENERAL.

2.     EMPLOYEES STATE INSURANCE CORPORATION
       RAJAJINAGAR, BANGALORE
       ESIC MODEL HOSPITAL, RAJAJINAGAR
       BANGALORE-10
       REP. BY ITS MEDICAL SUPERINTENDENT.
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3.   THE MEDICAL COMMISSIONER
     ESI CORPORATION PANCHDEEP BHAVAN
     CIG MARG, NEW DELHI-110002.

4.   THE DIRECTORATE OF MEDICAL EDUCATION
     DIRECTORATE OF HEALTH AND
     FAMILY WELFARE SERVICES
     ANAND RAO CIRCLE, BANGALORE-560009
     REP. BY ITS DIRECTOR OF MEDICAL EDUCATION.

5.   KARNATAKA EXAMINATION AUTHORITY
     SAMPIGE ROAD, MALLESWARAM
     BANGALORE-18
     REP. BY ITS EXECUTIVE DIRECTOR.

6.   MEDICAL COUNCIL OF INDIA
     POCKET-4, SECTOR-8, DWARAKA
     NEW DELHI-110007
     BY ITS SECRETARY.

7.   DR. REKHA S
     D/O LATE SELVARAJAN K
     AGED ABOUT 31 YEARS
     WORKING AS IMO GRADE II
     ESIC MODEL HOSPITAL
     RAJAJINAGAR, BANGALORE-10
     R/AT. FLAT NO.2706/A2
     12TH MAIN ROAD, D BLOCK
     RAJAJINAGAR 2ND STAGE
     BANGALORE-560010.

8.   DR. SHIVAKUMAR D
     S/O DANAPPA B
     AGED ABOUT 31 YEARS
     WORKING AS IMO GRADE II
     ESIC MODEL HOSPITAL
     RAJAJINAGAR, BANGALORE-10
     R/AT FLAT NO.302, 3RD MAIN
     14TH CROSS, KIRLOSKAR LAYOUT
     HESARAGHATTA MAIN ROAD
     BANGALORE-560073.
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9.    DR. ARCHANA B.M.
      D/O B. MUKTESHAPPA
      AGED ABOUT 31 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/AT NO.843, SECOND FLOOR
      III MAIN, 4TH BLOCK
      RAJAJINAGAR, BANGALORE-560010.

10.   DR. PANKAJ DESHMANE
      S/O MADHUKUMAR DESHMANE
      AGED ABOUT 33 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/AT NO.220/B, 58TH CROSS
      34TH B CROSS, SECOND MAIN
      4TH BLOCK, RAJAJINAGAR
      BANGALORE-10.

11.   DR. SHIVKIRAN S
      S/O PAMPAPATHI
      AGED ABOUT 31 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/O NO.40, 4TH BLOCK, KNV 2ND STAGE
      NEAR RR SCHOOL, RAMACHANDRAPURA
      VIDYARANYAPURA (POST), BANGALORE-97.

12.   DR. SANJAY C. BIRADAR
      S/O CHANGOUDA BIRADAR
      AGED ABOUT 33 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/O NO.206, 4TH MAIN, I CROSS
      INDUSTRIAL TOWN, RAJAJINAGAR
      BANGALORE-560044.
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13.   DR. SHOBHARANI K.N.
      D/O NARAYAN K.N.
      AGED ABOUT 31 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/O NO.88, 22ND MAIN, PES COLLEGE ROAD
      NAGENDRA BLOCK, BANGALORE-560050.

14.   DR. SINDHU
      D/O SIDDARAMEGOWDA
      AGED ABOUT 31 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/O NO.59, 19TH MAIN ROAD
      II BLOCK, RAJAJINAGAR, BANGALORE-10.

15.   DR. VINUTHA L
      D/O LAKSHMAN
      AGED ABOUT 30 YEARS
      WORKING AS IMO GRADE II
      ESIC MODEL HOSPITAL
      RAJAJINAGAR, BANGALORE-10
      R/AT NO.156, 2ND FLOOR, 34TH CROSS
      2ND MAIN, JUGUNAHALLI
      2ND BLOCK, RAJAJINAGAR, BENGALURU-10.

                                      ... RESPONDENTS
(BY MR. N. KHETTY, ADV., FOR R6
  MS. SHRUTHI S, ADV., FOR
  MRS. M.P. GEETHADEVI, ADV., FOR R2
  MR. N.B. VISHWANATH, ADV., FOR R7, R9-R11, R13, R15 &
ALSO FOR IMPLEADING APPLICANT ON IA 1/2020 & 2/2020
       R5 & R14 SERVED
V/O DTD:09.02.2017 SERVICE OF NOTICE TO R1, R3, R4, R8
& R12 ARE COMPLETED)
                           ---

    THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
                             8



ORDER PASSED IN THE WRIT PETITION 4077-97/2015
DATED 23.4.2015.

    THIS W.A. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                       JUDGMENT

This appeal has been filed against the order

dated 23.04.2015 passed by the learned Single Judge

in W.P.Nos.4077-97/2015.

2. Facts leading to filing of this appeal briefly

stated are that the appellants are Insurance Medical

Officers. The appellants had challenged the validity of

the circular dated 04.12.2014 by which the appellants

were informed that they were not permitted to appear

for counseling. The learned Single Judge, by an order

dated 23.04.2015, held that the writ petition filed by

the appellants is not maintainable as the dispute is

cognizable by Central Administrative Tribunal.

Against the aforesaid order, this intra Court appeal

has been filed.

3. A Division Bench of this Court, by an order

dated 12.05.2015, had permitted the appellants to

attend the counseling. Admittedly, in compliance of

the aforesaid interim order, the appellants appeared

the counseling and were admitted to various P.G.

courses and have also completed the same.

4. In view of the aforesaid subsequent event, the

issue with regard to maintainability of the appeal, at

the instance of the appellants, has been rendered

academic. We, therefore, are not inclined to examine

the same. However, the issue is kept open to be

agitated in an appropriate proceeding.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV