Karnataka High Court
Smt. Nirmala H.S D/O Hanumantappa ... vs The State Of Karnataka on 4 December, 2018
Author: R Devdas
Bench: R. Devdas
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04TH DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.111035/2017
C/W.
WRIT PETITION NOS.114665-114725/2015 &
WRIT PETITION NOS.110320-110351/2017 (S-REG)
IN WRIT PETITION NO.111035/2017
BETWEEN:
SRI. SHIVAYOGI T. CHIKKAMATH,
AGED ABOUT 43 YEARS, PHARMACIST, MAIN STORE,
KARNATAKA INSTITUTE OF MEDICAL SCIENCE, HUBLI,
DATE OF APPOINTMENT 01.12.1997.
... PETITIONER
(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1 THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF HEALTH & FAMILY WELFARE
(MEDICAL EDUCATION) M.S.BUILDING,
BANGALORE-01.
2 KARNATAKA INSTITUTE OF MEDFICAL SCIENCES,
VIDYANAGAR, HUBLI,
DIST. DHARWAD,
REP. BY ITS DIRECTOR.
... RESPONDENTS
(BY SRI. A.R.RODRIGUES, AGA FOR R1 ;
SRI. V.G. DALAWAI, ADV. FOR R2 )
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS HEREIN TO CONSIDER THE CASE OF THE
PETITIONER FOR ABSORPTION/REGULARISATION IN THE POST
OF PHARMACIST IN THE 2ND RESPONDENT INSTITUTION AND
ACCORDINGLY ABSORB/REGULARIZE THE SERVICE OF THE
PETITIONER HEREIN TO THE PSOT OF PHARMACIST INTO THE
PERMANENT AND REGULAR SERVICE/ESTABLISHMENT OF THE
2ND RESPONDENT INSTITUTE FROM THE DATE OF HIS INITIAL
APPOINTMENT WITH ALL CONSEQUENTIAL SERVICE AS WELL AS
MONETARY BENEFITS AS ADMISSIBLE TO HIM UNDER THE LAW,
IN SO FAR AS PETITIONER IS CONCERNED.
IN WRIT PETITION NOS.114665-114725/2015
BETWEEN:
1. SMT. NIRMALA H.S D/O HANUMANTAPPA SAREKOPPAD
AGED ABOUT 38 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT 4-1-2002
2. SMT. SHAKEELABANU SHEIKH D/O SHEIKH YUNUS
AGED 40 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT 1-1-2002
3. SMT. RATNA GADIWADDAR D/O DURGAPPA GADIWADDAR
AGED 39 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT 1-1-2002
4. SMT. RENUKA HUTAGIKAR
D/O MANJUNATH HUTAGIKAR
AGED 39 YEARS, STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT: 1.1.2002
5. SMT. NAGRATNA GULED
D/O MAHADEVAPPA GULED
AGED ABOUT 42 YEARS, STAFF NURSE,
KIMS HUBBALLI
DATE OF APOINTMENT: 1.1.2002
3
6. SRI. PRAVEEN MALHARI
S/O PRABHAKAR MALHARI
AGED:40 YEARS, STAFF NURSE,
KIMS HUBBALLI
DATE OF APPOINTMENT: 1.7.2003
7. SMT. RITA MURADI
D/O SHANTKUMAR MURADI
AGED 37 YEARS, STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT: 1.1.2004
8. SRI. ASHOK BANDIWAD
S/O SHANKARAPPA BANDIWAD
AGED: 40 YEARS, STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT: 1.7.2004
9. SRI GAJANANACHARI A.C
S/O CHANDRACHAR A
AGED 38 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:8.3.2004
10. SMT. DHARANI K.A. D/O AIYYANNA
AGED 36 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:5.7.2004
11. SMT. MAYADEVI BYAHATTI D/O TAMMANNA BYAHATTI
AGED 35 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:2.7.2004
12. SMT.REKHA KOTTUR D/O SOMASHEKHAR KOTTUR
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.7.2004
13. SRI. SATISH KALYANI S/O SIDDAKLINGESHWAR KALYANI
AGED 39 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:2.1.2005
4
14. SMT. TULASI NAIK D/O GANAPATI NAIK
AGED 34 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT: 5.1.2005
15. SMT. MARY SAIMON D/O JOHN SAIMON
AGED 32 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:10.1.2006
16. SMT. REKHA DODDAMANI D/O BASAPPA DODDAMANI
AGED 39 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:9.1.2006
17. SRI GANGADHAR MADIWALAR
S/O SHANKRAPPA MADIWALAR
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.10.2006
18. SMT. SALOMI KAMBALI D/O JAMES KAMBALI
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.10.2006
19. SRI. BASAVARAJ MADIWALAR S/O MALLIKARJUN
MADIWALAR
AGED 34 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.10.2006
20. SRI. ANAND B.C. S/O BASAVARAJ CHINNIKATTI
AGED 31 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:18.9.2006
21. SMT. B RANIYAMMA D/O BODALAPATI
AGED 46 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:8.4.2007
5
22. SMT. DEEPA NADAKATTIN D/O PHILLIP NADAKATTIN
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:4.3.2007
23. SMT. JYOTI BANAGAR D/O MALLESHAPPA BANAGAR
AGED 34 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:19.6.2007
24. SMT. JULIET ADIN D/O SRIPAD ADIN
AGED 38 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.3.2007
25. SRI UMESH UKKADAGATRI S/O RUDRAGOUDA
UKKADAGATRI
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.8.2007
26. SRI RAJENDRA NAIK S/O KAMALABAR NAIK
AGED 32 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:10.12.2007
27. SMT.RUBY NANSAIMON D/O FRANCIS
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:10.3.2008
28. SRI SUBHASH SHELLIKERI S/O HOLABASAPPA SHELLIKERI
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:16.3.2008
29. SRI SHARANAPPA HORAKERI S/O NIMBANNA HORAKERI
AGED 33 YEARS, STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:4.4.2008
30. SRI ARJUN DODDAMANI S/O DUNDAPPA DODDAMANI
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:21.4.2008
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31. SRI MAHANTESH S.C. S/O SOMALINGAPPA CHINNIKATTI
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:4.10.2008
32. SMT. TULASABAI KOUJAGERI D/O VENKATESH KOUJAGERI
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:7.7.2008
33. SMT. SUNITA THORATH D/O GOPAL THORATH
AGED 41 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:20.10.2008
34. SRI NAVEENKUMAR SANKANGOUDAR S/O KASHINATH
SANKANG
AGED 34 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:12.8.2008
35. SRI VIRUPAX PATIL S/O RAJANGOUDA PATIL
AGED 39 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:7.8.2008
36. SRI SANTOSH KATTIMANI S/O MUDAKAPPA KATTIMANI
AGED 33 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:22.10.2008
37. SRI BASAPPA ANGADI S/O SIDDALINGAPPA ANGADI
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:25.6.2008
38. SMT. KALLAWWA HARIJAN D/O KAREPPA HARIJAN
AGED 28 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:10.3.2009
7
39. SMT. PRIYANKA H.K. D/O HANUMANTHAPPA K
AGED 27 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:11.3.2009
40. SRI GANESH S S/O SHIVAJI SADAKALE
AGED 28 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.4.2009
41. SMT.VANDANA CHITAPATI
D/O GURUNATH CHITAPATI
AGED 28 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:16.3.2009
42. SMT. SOPHIA KANAVALLI W/O PETER KANAVALLI
AGED 41 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:30.3.2009
43. SMT. HULIGEWWA HARIJAN D/O HANUMANTHAPPA
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:1.4.2009
44. SRI BASAVARAJ PATIL S/O VIRUPAXGOUDA PATIL
AGED 29 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:9.6.2009
45. SMT. GEETA DODDAMANI D/O MALLAPPA DODDAMANI
AGED 29 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:11.6.2009
46. SMT. JAYASUDHA ANNIGERI D/O DASHARATH ANNIGERI
AGED 32 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:19.6.2009
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47. SRI DEVENDRAPPA NAYAK S/O VENKAPPA NAYAK
AGED 32 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:3.8.2009
48. SRI KOTRESH HULLER
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:10.3.2009
49. SMT.SAFINA MATIGAR D/O MOULASAB MATIGAR
AGED 39 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:9.7.2011
50. SMT. KAVITA HUBBALI D/O KALLAPPA HUBBALI
AGED 31 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:23.9.2006 TO 30.7.2009 AGAIN
1.8.2011
51. SMT. MUBARAKBEGUM BIJAPUR D/O TALIALI BIJAPUR
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:8.7.2011
52. SRI NAGARAJ BEGUR S/O FAKIRAPPA BEGUR
AGED 34 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:15.10.2011
53. SRI HANUMAPPA BANDIHAL S/O DURGAPPA BANDIHAL
AGED 36 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:12.10.2011
54. SRI HOLEPPA HONAPPNNAVAR S/O FAKIRAPPA
HONAPPANNAVAR
AGED 35 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:18.10.2011
9
55. SMT.ANUSAYA KUDAPALI D/O CHOUDAPPA KUDAPALLI
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:12.9.2012
56. SMT.SHILPA SALUMKHE D/O SAMBHAJI SALUNKHE
AGED 30 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:24.6.2012
57. SMT. SHOBHA D.K. D/O DUNDAPPA KALABHAVI
AGED 41 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:10.9.2005
58. SMT. IRAWWA ANNIGERI D/O GURAPPA ANNIGERI
AGED 39 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:20.6.2013
59. SMT. MEENAXI DODDAMANI D/O SEDEPPA DODDAMANI
AGED 41 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:20.6.2014
60. SMT. SULOCHANA INDIRARANI D/O JOHN INDIRARANI
AGED 43 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:19.6.2013
61. SMT.LATTAMMA N D/O NAGENDRAPPA
AGED 29 YEARS
STAFF NURSE, KIMS HUBBALLI
DATE OF APPOINTMENT:19.6.2013
... PETITIONERS
(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1 THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF HEALTH & FAMILY WELFARE
(MEDICAL EDUCATION) M.S.BUILDING,
BANGALORE-01.
10
2 KARNATAKA INSTITUTE OF MEDFICAL SCIENCES,
VIDYANAGAR, HUBLI,
DIST. DHARWAD,
REP. BY ITS DIRECTOR.
3 KARNATAKA EXAMINATIONS AUTHORITY,
BENGALURU-01,
REP. BY ITS EXECUTIVE DIRECTOR,
SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM,
BENGALURU.
... RESPONDENTS
(BY SRI. A.R.RODRIGUES, AGA FOR R1 ;
SRI. VIDYASHANKAR S.DALAWAI, ADV. FOR R2 ;
SRI R.M.KULKARNI, ADV. FOR R3 )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS HEREIN TO ABSORB THE SERVCIES OF THE
EPTITIONERS HEREIN IN THE POST OF STAFF NURSES INTO THE
PERMANENT AND REGULAR SERVICE/ESTABLISHMENT OF THE
2ND RESPONDENT INSTITUTE FROM THE DATE OF THEIR INITIAL
APPOINTMENT WITH ALL CONSEQUENTIAL SERVICE AS WELL AS
MONETARY BENEFITS AS ADMISSIBLE TO THEM UNDER THE
LAW.
IN WRIT PETITION NOS.110320-110351/2017 (S-REG)
BETWEEN:
1. SRI. VEERESH SIDRAMAPPA SALOLLI
AGED: 31 YEARS, LAB TECHNOLOGIST,
CENTRAL LAB, MICROBIOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 2-7-2007.
2. SMT. JAYASHREE VEERBHADRAPPA SHINDE
AGED: 46 YEARS, LAB TECHNOLOGIST,
OPD LAB NO-9, KIMS, HUBBALLI,
DATE OF APPOINTMENT: 13/09/1998
11
3. SRI. SHREEKANT DATTATRAY KULKARNI
AGED: 48 YEARS, LAB TECHNOLOGIST,
CENTRAL LAB, MICROBIOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 25/11/2000.
4. SRI. PRAMOD CHANDRASHEKHAR HULKOPP
AGED: 34 YEARS, LAB TECHNOLOGIST,
DEPT. OF MICROBIOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 4/5/2008.
5. SRI. RUDRAPPA BASAPPA NARGUND
AGED: 39 YEARS, LAB TECHNOLOGIST,
DEPT. OF ANATOMY, KIMS, HUBBALLI,
DATE OF APPOINTMENT: 3/1/2004
6. SRI.BASAVRAJ BASLINGAPPA CHIGAREDDY
AGED: 43 YEARS, LAB TECHNOLOGIST,
DEPT. OF MICROBIOLOGY, KIMS, HUBBALLI,
DATE OF APPOINTMENT: 1/2/2003
7. SMT.SUJATHA JAMES WILSON
AGED: 41 YEARS, LAB TECHNOLOGIST,
DEPT. OF PATHOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 21/9/2002
8. SMT. KAMAKSHI LAKSHMAN BADIGER
AGED: 42 YEARS, LAB TECHNOLOGIST,
DEPT. OF PATHOLOGY, KIMS, HUBBALLI,
DATE OF APPOINTMENT: 16/1/2003
9. SMT. MARGRET GURUPADAPPA GUDASALAMANI
AGED: 50 YEARS, LAB TECHNOLOGIST,
OPD PATHOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 15/7/1999
10. SRI.AUGUSTIN JAMES DEVARAJ
AGED: 45 YEARS, LAB TECHNOLOGIST,
DEPT. OF PHARMACOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 3/2/2003.
12
11. SRI. PRAVEENKUMAR IRAYYA YARAGATTIMATH
AGED: 33 YEARS,
LAB TECHNOLOGIST,
CENTRAL BLOOD BANK,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 2-9-2008.
12. SRI. MUKHTARHUSSAIN KADARSAB KORTI
AGED: 45 YEARS,
LAB TECHNOLOGIST,
DEPT. OF PHYSIOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 11-2-1999.
13. SRI. SANTOSH SHRISHAIL KOTENNAVAR
AGED: 38 YEARS,
LAB TECHNICIAN,
CENTRAL LAB, PATHOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 9/3/2000.
14. SRI. M.L. SHETTY
AGED: 46 YEARS,
LAB TECHNOLOGIST,
DEPT. OF OPD PATHOLOGY,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 1/1/2004.
15. SRI. NAGRAJ BOODAPPA RAYANAL
AGED: 35 YEARS,
LAB TECHNOLOGIST,
MICROBIOLOGY CENTRAL LAB,
KIMS, HUBBALLI,
DATE OF APPOINTMENT: 2-2-2008.
16. SRI. ASHOK SHIVANANDAPPA PATIL
AGED: 44 YEARS,
LAB TECHNOLOGIST,
BLOOD BANK, PATHOLOGY,
KIMS HUBBALLI,
DATE OF APPOINTMENT: 10-7-2007
13
17. SRI. HEMANAND SHIVANANDAPPA LINGADAHALLI
AGED: 41 YEARS,
LAB TECHNOLOGIST,
DEPT. OF BIOCHEMISTRY,
KIMS HUBBALLI,
DATE OF APPOINTMENT: 5-4-2002
18. SRI. GANAPATI DEVENDRAPPA UPPAR
AGED: 47 YEARS,
LAB TECHNOLOGIST,
PHARMACIST, OPD PHARMACY,
KIMS HUBBALLI,
DATE OF APPOINTMENT: 6-6-2000
19. SRI. SAMEERAHMED ABDULREHMAN MAKANDAR
AGED: 40 YEARS,
WORKING AS PHARMACIST,
SUB-STORE,
KIMS HUBBALLI,
DATE OF APPOINTMENT: 1-2-2006
20. SRI. KIRAN BASAVREDDY BANAVI
AGED: 37 YEARS,
WORKING AS PHARMACIST, SUB-STORE,
KIMS HUBBALLI,
APPMT DATE: 1/4/2002.
21. SRI. SHADABKHAN NISARAHMED DEHALVI
AGED: 37 YEARS,
WORKING AS PHARMACIST,
SUB-STORE, KIMS HUBBALLI,
DATE OF APPONTMENT: 1/6/2005.
22. SRI. SHIVKUMAR MURGEPPA HUKKERI
AGED: 47 YEARS,
WORKING AS PHARMACIST,
SUB-STORE, KIMS HUBBALLI,
DATE OF APPONTMENT: 1/7/2004.
23. SRI. IQBALAHMED N.
AGED: 40 YEARS, WORKING AS PHARMACIST,
OPD PHARMACY NO.35, KIMS HUBBALLI,
DATE OF APPONTMENT: 1/6/2005.
14
24. SRI. MOSES GNANAPPA RONAD
AGED: 38 YEARS,
WORKING AS PHARMACIST,
OPD PHARMACY NO.35,
KIMS HUBBALLI,
DATE OF APPONTMENT: 1/6/2004.
25. SRI. PARSHURAM PREMNATH ULLAL
AGED: 46 YEARS,
WORKING AS PHARMACIST,
OPD PHARMACY NO.35,
KIMS HUBBALLI,
DATE OF APPONTMENT: 15/3/1999.
26. SRI. MANJUNATH SHIVALINGAPPA GOURANNAVAR
AGED: 45 YEARS,
WORKING AS PHARMACIST,
OPD PHARMACY NO.35,
KIMS HUBBALLI,
DATE OF APPONTMENT: 4/6/2004.
27. SMT. JYOTI GURUSIDDAPPA HURAKADLI
AGED: 39 YEARS,
OPHTHALMIC TECHNICIAN,
DEPT. OPHTHALMOLOGY,
KIMS HUBBALLI,
DATE OF APPONTMENT: 6/6/2005.
28. SRI. PRASHANTH PRAKASH SIRSIKAR
AGED: 34 YEARS,
X-RAY TECHNICIAN,
DEPT. OF RADIOLOGY,
KIMS HUBBALLI,
DATE OF APPONTMENT: 10/10/2007.
29. SRI. NAGARAJ NARAYAN RAICHUR
AGED: 33 YEARS,
X-RAY TECHNOLOGIST,
DEPT. OF RADIOLOGY,
KIMS HUBBALLI,
DATE OF APPONTMENT: 1/3/2005.
15
30. SRI. VEERBHADRAGOUDA CHANNAVEERGOUDA PATIL
AGED: 46 YEARS,
OPHTHALMIC TECHNICIAN,
DEPT. OF OPD OPHTHALMOLOGY,
KIMS HUBBALLI,
DATE OF APPONTMENT: 7/3/2002.
31. SRI. WILSON GEORGE BATHULA
AGED: 45 YEARS,
E.E.G. TECHNICIAN,
DEPT. OF PHYCHIATRIC OPD,
KIMS HUBBALLI,
DATE OF APPONTMENT: 1/4/2004.
32. SRI. ROBERT CHRISTY ANTHONY
AGED: 42 YEARS,
X-RAY TECHNOLOGIST,
DEPT. OF RADIOLOGY,
KIMS HUBBALLI,
DATE OF APPONTMENT: 10/9/2007.
... PETITIONERS
(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1 THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF HEALTH & FAMILY WELFARE
(MEDICAL EDUCATION) M.S.BUILDING,
BANGALORE-01.
2 KARNATAKA INSTITUTE OF MEDFICAL SCIENCES,
VIDYANAGAR, HUBLI,
DIST. DHARWAD,
REP. BY ITS DIRECTOR.
... RESPONDENTS
(BY SRI. A.R.RODRIGUES, AGA FOR R1 ;
SRI. VIDYASHANKAR S. DALAWAI, ADV. FOR R2 )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS HEREIN TO CONSIDER THE CASE OF THE
16
PETITIONERS FOR ABSORPTION/REGULARIZATION IN THE
RESPECTIVE POSTS OF PARA MEDICAL STAFF HELD BY THEM AS
SHOWN AGAINST THEIR RESPECTIVE NAMES IN THE CAUSE
TITLE AND ACCORDINGLY ABSORT/REGULARIZE THE SERVICES
OF THE PETITIONERS HEREIN IN THEIR RESPECTIVE POSTS OF
PARA MEDICAL STAFF INTO THE PERMANENT AND REGULAR
SERVICE/ESTABLISHMENT OF THE 2ND RESPONDENT INSTITUTE
FROM THE DATE OF THEIR INITIAL APPOINTMENT WITH ALL
CONSEQUENTIAL SERVICE AS WELL AS MONETARY BENEFITS AS
ADMISSIBLE TO THEM UNDER THE LAW.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
R. DEVDAS J., (ORAL):
Since question for consideration and grievances urged in these writ petitions are one and the same, these matters are heard and disposed of by this common order.
2. In respect of WP Nos.114665-114725/2015, the petitioners are working as staff nurses in the respondents-Institution, which is a autonomous government institution. It is submitted that, the petitioners have completed Diploma in General Nursing and Midwifery and all the petitioners possess requisite qualification for selection and appointment to the post of 17 Staff Nurse. The petitioners submit that, they were appointed as ad hoc Staff Nurses on contract basis, on consolidated pay for the period 2001-2013. It is also submitted that, the petitioners were appointed against sanctioned and vacant posts, under the powers vested in the relevant Rules and Bye-laws. It is the case of the petitioners that, they have rendered continues service for a period ranging between 4 years to 14 years.
3. As regards Writ Petition No.111035/2017, the petitioner is working as Pharmacist in the respondents- Institution. The petitioner was appointed as ad hoc Pharmacist on consolidated pay with effect from 01.12.1997, against sanctioned vacant post, in terms of the relevant Rules and Bye-laws. The petitioner submits that, he is in continuous service with the second respondent Institution for more than 20 years, without any break.
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4. With respect to Writ Petition No.110320- 110351/2017, the petitioners are working as para medical employees, working either as Lab-technologist, X-ray technicians, ECG technicians and Pharmacists, in the second respondents-Institution. It is submitted that, the petitioners possess necessary diploma in medical laboratory technician course/B-Pharmacy or other respective subjects and are qualified and eligible for appointment to the posts in which they are working. It is submitted that, the petitioners have started working in the respondents-Institution between the year 1998-2008 and they have completed the service for a period ranging between 10 years to 19 years, without any break.
5. In all these writ petitions, the petitioners, through a common association have made a representation to the Head of the Institution and the State Government, seeking regularization of their services. 19
6. Learned counsel for the petitioner submits that, under similar circumstances, the respondent-State Government, while exercising powers conferred under Section 3 & 8 of the Karnataka State Civil Services Act, 1978 framed special Rules for absorption of Doctors appointed on contract basis in the Karnataka Directorate of Health and Family Welfare Services. The petitioners are seeking parity and consideration of their representation on similar basis. The learned counsel for the petitioner further submits that in all these cases, the petitioners have been in continuous service without any intervention of Court orders, interim orders or orders of the Tribunals. In this regard, the learned counsel for the petitioner relies upon a Judgment of the Hon'ble Supreme Court of India in the case of State of Jharkhand and others Vs. Kamal Prasad and others reported in (2014) 7 SCC 223, wherein the Hon'ble Supreme Court upheld the orders passed by a Division Bench of the High Court of Jharkhand. While accepting the case of the respondent 20 employees that since 1987 till 2011 when the orders of termination of service were passed, they continued in service and their salaries were paid with other service benefits including increments and they were duly transferred from the State of Bihar to the State of Jharkhand when it was formed and they were treated as regular appointees for which the Jharkhand State Government did not object their continuance in their services. The decision of the Division Bench stating that, if a person meets the requirements of the exception carved out in para 53 of Umadevi (3) case, 2006 (4) SCC 1, it is the duty of the State Government to consider his case for regularization in the post. The decision of the Division Bench in granting relief to the respondents was not interfered with. Therefore, the learned counsel for the petitioner, on the basis of the Judgment quoted supra would submit that, the representations given by the petitioners are required to be considered, since their cases 21 are squarely covered by the decision of the Hon'ble Supreme Court.
7. The respondents-Institution has filed statement of objections in WP Nos.114665-114725/2015, wherein, it is admitted that the appointments of the petitioners were against vacant posts. It is also admitted that, the respondent-State Government had issued a Government Order and in compliance thereof, the respondents-Institution had forwarded the proposal for approval and absorption of the petitioners. However, the said Government Order was withdrawn by the State Government. The respondents-Institution would only submitted that, if the State Government permits absorption, the Institution would absorb and regularize the services of the petitioners on the condition that the petitioner have completed a minimum of 10 years continuous service.
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8. In the light of the above, this Court is of the opinion that having regard to the decision of the Hon'ble Supreme Court in the case of Kamal Prasad and others (supra), the respondent-State Government and the institutions need to consider the representations made by the petitioners. The petitions are therefore partly allowed and the respondents are directed to consider the representations given by the Association in the light of the decision of the Apex Court (Supra) and pass orders as expeditiously as possible.
9. The petitioners are also permitted to make a fresh representation to the respondents along with the observations made by this Court, in this order.
Sd/-
JUDGE *Svh/-