Ambika Vijayan vs Employees State Insurance ...
2023 Latest Caselaw 7128 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                       WP(C) NO. 20588 OF 2023
PETITIONER:

            AMBIKA VIJAYAN ,
            AGED 54 YEARS
            W/O VIJAYAKUMAR, CHEARIYIL HOUSE, VENGOLA P.O,
            ARACKAPPADY, PERUMBAVOOR,
            ERNAKULAM DISTRICT,
            PIN - 683556

            BY ADVS.    JINU JOSEPH
                        P.K.MOHAMED JAMEEL


RESPONDENTS:

    1       EMPLOYEES STATE INSURANCE CORPORATION ,
            REPRESENTED BY ITS REGIONAL DIRECTOR- KERALA, KERALA
            REGIONAL OFFICE, PANCHDEEP BHAVAN, NORTH SWARAJ ROAD,
            THRISSUR, PIN - 680020

    2       THE DEPUTY DIRECTOR
            EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL
            OFFICE, MULUS COMPLEX, ST. FRANCIS XAVIER CHURCH
            ROAD, KALOOR, KOCHI, PIN - 682017

    3       THE BRANCH MANAGER
            EMPLOYEES STATE INSURANCE CORPORATION, PERUMBAVOOR
            BRANCH OFFICE, ESI ROAD, PERUMBAVOOR, ERNAKULAM
            DISTRICT, PIN - 683542

    4       THE PROPRIETOR
            GARDEN FRESH CONDIMENTS, IV/531, ARACKAPPADY, VENGOLA
            P.O, PERUMBAVOOR, ERNAKULAM, PIN - 683556

OTHER PRESENT:

            SRI T V AJAYAKUMAR

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.20588/2023

                                         -:2:-




                       Dated this the 23rd day of June,2023

                              JUDGMENT

The writ petition is filed, inter alia, to direct the

respondents 1 to 3 to approve super specialty

treatment (SST) to the petitioner's husband at the

Aster Medcity Hospital, without any further delay.

2. The petitioner's case is that she was

employed as a packer with the fourth respondent

establishment since 2011. Her husband is suffering

from chronic calcific pancreatitis and is in need of

super specialty treatment at a private hospital having

a tie up with the second respondent. However, the

third respondent has denied the benefit to the

petitioner on the ground that she has only a

contribution for 67 days instead of mandatory 78 days.

The action of the first respondent is unreasonable. In

an identical matter, this Court, by Ext P7 interim order,

had granted the petitioner therein the benefit of the W.P.(C)No.20588/2023

scheme. Ext P7 interim order was confirmed by the

Division Bench in Ext P8 judgment. The petitioner is

entitled to the benefit of Exts P7 & P8. Hence, the writ

petition.

3. Heard; Sri. Jinu Joseph, the learned counsel

appearing for the petitioner and Sri.T.V.Ajayakumar,

the learned Standing Counsel appearing for the

respondents 1 to 3.

4. Sri. T.V.Ajayakumar, on instructions, very

fairly submitted that the first respondent has

compassionately considered the request of the

petitioner and considering the fact that she has service

from the year 2012, and further treating the

petitioner's request as a special case, which shall not

be treated as a precedent, the first respondent has

decided to approve super specialty treatment for the

petitioner's husband at the private hospital, as prayed

for in the writ petition. The said submission is W.P.(C)No.20588/2023

recorded. This Court places on record its appreciation

for the lenient view taken by the first respondent in the

present writ petition, which is a deserving case.

5. Having considered the pleadings and

materials on record, and taking note of the submission

made by the learned Standing Counsel appearing for

the respondents 1 to 3, I order the writ petition as

follows:

The first respondent is directed to approve super specialty treatment for the petitioner's husband at the Aster Medcity Hospital, in accordance with law and as expeditiously as possible, at any rate, on or before 06.07.2023.

Sd/-

                                      C.S.DIAS,JUDGE

DST/23.06.23                                           //True copy//

                                                       P.A.To Judge
 W.P.(C)No.20588/2023






                              APPENDIX


PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE E-PENCHAN CARD ISSUED BY
                    THE 1ST RESPONDENT

EXHIBIT P2             TRUE COPY OF THE TREATMENT RECORD OF THE

PETITIONER'S HUSBAND ON 13-06-2023

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 19-06-2023 ISSUED BY THE CONSULTANT GASTROENTEROLOGIST TO THE MEDICAL SUPERINTENDENT, ESI HOSPITAL

EXHIBIT P4 TRUE COPY OF THE REJECTION FORM DATED 20-

06-2023 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE EMPLOYEE CONTRIBUTION DETAILS TAKEN FROM THE ESIC WEBSITE FOR THE PERIOD 01-04-2022 TO 30-09-2022

EXHIBIT P6 TRUE COPY OF THE OFFICE MEMORANDUM NO.V/11/5/2018 -MED.I (SST) DATED 18-08-

2020 OF THE BOARD OF DIRECTORS OF ESI CORPORATION I

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 22-07-

2021 IN W.P.(C).NO. 14506/2021

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 30-03-2022 IN W.A.NO. 1177/2021 AND W.A.NO. 1068/2021

RESPONDENT'S EXHIBITS: NIL