Smt. Joshee Grace Tigga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No.16 of 2016 Smt. Joshee Grace Tigga W/o Ashish Albert Rai aged about 36 years Occupation Staff Nurse, R/o C/o G. Albert Rai Behind Santosh Mandir Nurani Chowk Rajatalab Raipur P.S. Civil Lines Tahsil & District Raipur Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh through the Secretary Department of Labour Mahanadi Mantralaya Naya P.O. and P.S. Naya Raipur District Raipur Chhattisgarh

2. The Director Employee State Insurances Services Directorate D 290/5 Tagore Nagar Raipur Chhattisgarh

3. The Superintendent Employee State Insurance Services Hospital Rajnandgaon Chhattisgarh ---- Respondents For Applicant :

Shri Bharat Rajput, Advocate.

For Respondent/State :

Shri B. Gopa Kumar, Deputy Advocate General.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 13/01/2016 1.

This application has been filed for modification of the cause-title of the order dated 15.12.2015 in Writ Appeal No.617 of 2015 with regard to Respondent No.3 substituting it by the Insurance Medical Officer, Employee State Insurance Services, Raipur Centre, District Raipur in place of the Superintendent, Employee State Insurance Services Hospital, Rajnandgaon, Chhattisgarh as mentioned in the cause-title.

2.

Learned Counsel for the Petitioner submits that the error occurred in the cause-title of Writ Petition (S) No. 251 of 2015 itself and was repeated inadvertantly in writ appeal also.

3.

Learned Counsel for the State submits that any modification of the cause-title by substituting the concerned Respondent at Raipur instead of Rajnandgaon may have different implication as the Court had considered the matter in light of the concerned Respondent being located at Rajnandgaon. The Court had no occasion to consider the matter in the background of the concerned Respondent being located from Raipur.

4.

Upholding the objection on behalf of the State, it is observed that if the Petitioner furnishes a copy of the order in Writ Appeal No. 617 of 2015 before the Insurance Medical Officer, Employee State Insurance Services, Raipur Center, District Raipur, the authority is at liberty to verify and satisfy itself with regard to applicability of the order in the Writ Appeal to it and then proceed in accordance with law. If the authority concerned is not satisfied and is of the opinion that the order relates to the authority at Rajnandgaon, he is at liberty to record his opinion in writing to that effect.

5.

The application stands disposed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu