C. Selvi v. The Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 19TH DAY OF DECEMBER 2013/28TH AGRAHAYANA, 1935 WP(C).No. 30933 of 2013 (N) ---------------------------- PETITIONER:

-------------------------- C. SELVI AGED 42 YEARS, W/O. NATARAJAN, MODIPATHIKAD HOUSE PERINGANNUR, P.O. PERAMANGALAM, THRISSUR.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENTS:

----------------------------

1. THE DIRECTOR INSURANCE MEDICAL SERVICE (ESI SCHEME), THAICAUD THIRUVANANTHAPURAM.

2. THE REGIONAL DIRECTOR ESI CORPOATION REGIONAL OFFICE, THRISSUR.

3. STATE MEDICAL COMMISSIONER ESI CORPORATION REGIONAL OFFICE, THRISSUR.

4. SUPEINTENDENT OF E.S.I HOSPITAL, E S I HOSPITAL, KOLARIKKARA THRISSUR - 680 012.

5. THE DIRECTOR AMALA INSTITUTE OF MEDICAL SCIENCE, AMALANAGAR THRISSUR - 680 055.

R BY SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30933 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE IDENTITY CARD ISSUED BY THE E.S.I CORPORATION TO THE PETITIONER.

EXHIBIT-P2-TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE AMALA INSTITUTE OF MEDICAL SCIENCES, THRISSUR. EXHIBIT-P3-TRUE COPY OF THE O.P. TICKET ISSUED BY THE ESI HOSPITAL, OLARIKKARA DATED 04/12/2013.

EXHIBIT-P4-TRUE COPY OF THE ENTITLEMENT CERTIFICATE DATED 06/12/2013 ISSUED BY THE BRANCH OFFICE OF THE ESI CORPORATION, THRISSUR.

EXHIBIT-P5-TRUE COPY OF THE REPRESENTATION DATED 09/12/2013 SENT BY THE PETITIONER TO THE IST RESPONDENT.

EXHIBIT-P6-TRUE COPY OF THE REPRESENTATION DATED 10/12/2013 SENT BY THE CRAFT TILES TO THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- TRUE COPY P.A TO JUDGE

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 30933 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2013

J U D G M E N T

The petitioner was aggrieved by the denial of cashless treatment which she was entitled to as per the provisions of the ESI Act. Such denial was by reason of no certificate having been issued by the 4th respondent. The reason for such denial, was that the petitioner was not brought to the ESI Hospital and then referred to the 5th respondent hospital. The learned Standing Counsel for ESI Corporation submits that there is no such requirement since there was no ESI hospital working after 6 O' clock and the petitioner required urgent treatment. Be that as it may, now that the certificate has been issued by the 4th respondent, nothing survives in the writ petition and the same is closed. Parties are left to suffer their costs.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge