High CourtsSingle Bench(2023) 06 KL CK 0354

Ambika Vijayan vs Employees State Insurance Corporation

High Court Of Kerala · Decided on 23 June 2023

HON’BLE JUDGES
C.S Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 20588 Of 2023

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Judgment

7 paragraphs · 372 words

C.S Dias, J

1.

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 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 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.