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2025 DIGILAW 480 (KAR)

Employees State Insurance Corporation v. Poorvashree S, D/o Shivalingegowda H M

2025-06-19

K.S.HEMALEKHA, MOHAMMAD NAWAZ

body2025
JUDGMENT : MOHAMMAD NAWAZ, J. These appeals are preferred against the orders passed by the learned Single Judge in Writ Petitions No.200349/2021, 226268/2020, 226188/2020 and 226229/2020, which were disposed of, in terms of the judgment in the case of Shabana Salahudheen and others v. Union of India and others , in W.P.Nos.29365-29368/2018 (EDN-RES) dated 14.02.2020. 2. The operative portion of the judgment in Shabana’s case reads as under:- “In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned orders; a Writ of Mandamus issues restraining the respondent – ESI Corpn and its colleges from enforcing against the petitioners the Five Year Compulsory Service Bond for any period; the respondent Corporation and their colleges are directed to relieve the petitioners from the obligation of compulsory service unconditionally, and to issue Orders/Endorsements to that effect; no liability or the like shall be fastened on the petitioners or their parents on account of the service bonds in question.” 3. The contention of the respective petitioners/students in the writ petitions was that, respondents No.3 and 4 have no legal basis to insist upon them to compulsorily serve for a period of 05 years on completion of their MBBS Degree at respondent No.3 - College and to relieve them from the service under bonds which they have been serving in the ESI Hospital etc., 4. It is not in dispute that 05 years term has been lapsed. Though, the writ appeals are filed in the year 2020, as on today the students namely the contesting respondents, against whom the relief is sought are not served. 5. The learned counsel appearing for the appellants would submit that against the judgment in Shabana’s case, appeals are pending before the Division Bench of the Principal Bench. However, there is no any interim order passed in the writ appeals. 6. Since, the contesting respondents namely the petitioners in the writ petitions are not yet served and 5 year term has been lapsed, there is no purpose in keeping the appeals pending for an indefinite period. 7. This Court on 11.06.2025 finally granted a week’s time to serve the notice on un-served respondents, observing that failing which, the appeals shall be listed for dismissal. 8. 7. This Court on 11.06.2025 finally granted a week’s time to serve the notice on un-served respondents, observing that failing which, the appeals shall be listed for dismissal. 8. In view of the above, Writ appeals are dismissed accordingly, reserving liberty to the appellants to revive these appeals, subject to the result of the writ appeals which are pending before the Principal Bench, preferred against the judgment passed in Shabana’s case, in accordance with law, if so advised. 9. In view of disposal of the appeals, pending I.As. do not survive for consideration, hence, they are disposed of.