Karnataka High Court
Smt. Malligamma. R vs State Of Karnataka on 25 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:48223
WP No. 5661 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.5661 OF 2021 (GM-RES)
BETWEEN:
SMT. MALLIGAMMA .R
W/O. SIDDARAMEGOWDA,
AGED ABOUT 42 YEARS,
RESIDENTS OF KENCHAMALLI VILLAGE,
HAMPAPURA HOBLI,
H.D. KOTE TALUK,
MYSORE - 571 125. ... PETITIONER
(BY SRI M. RUDRAIAH, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIKASA SOUDHA,
BENGALURU - 560 009
REP. BY ITS SECRETARY.
Digitally signed by B
K
MAHENDRAKUMAR
2. THE MISSION DIRECTOR,
Location: HIGH NATIONAL HEALTH MISSION,
COURT OF
KARNATAKA DIRECTORATE OF HEALTH AND FAMILY,
WELFARE SERVICES,
ANANDARAO CIRCLE,
BANGALORE - 560 009.
3. THE COMMISSIONER,
DIRECTORATE OF HEALTH AND FAMILY
WELFARE SERVICES,
ANANDARAO CIRCLE,
BENGALURU - 560 009.
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NC: 2024:KHC:48223
WP No. 5661 of 2021
4. THE DIRECTOR,
DIRECTORATE OF HEALH AND FAMILY
WELWARE SERVICES,
ANANDARAO CIRCLE,
BENGALURU - 560 009. ... RESPONDENTS
(BY SRI MOHAMMED JAFFAR SHAH, AGA FOR RESPONDENT;
SRI D.S. HOSMATH, ADVOCATE FOR IMPLEADING APPLICANT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 26.06.2019 PASSED BY THE R-1 VIDE ANNEXURE-D
IN SO FAR IT RELATES TO THE PETITIONER; DIRECT THE
RESPONDENTS TO PERMIT THE PETITIONER TO WORK AS ASHA
AND ALSO HOLD ELECTED POST OF MEMBER OF KANCHAMALLI
GRAMA PANCHAYAT TILL THE EXPIRY OF THE CURRENT PERIOD.
THIS WRIT PETITION COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the order dated 26.06.2019 issued by respondent No. 1, which directed that an ASHA worker elected as a member of a Grama Panchayat must choose between continuing as a Grama Panchayat member or as an ASHA worker, failing which the Chief Executive Officer was to take appropriate action.
2. The petitioner was appointed as an ASHA worker under the National Health Mission. Subsequently, on 30.12.2020, the petitioner was elected as a member of the Kanchamalli Grama Panchayat. The petitioner has continued to serve both as an ASHA worker and as a Grama Panchayat -3- NC: 2024:KHC:48223 WP No. 5661 of 2021 member to date, in compliance with the interim order passed by this Court.
3. The petitioner has filed an affidavit stating that she has continued to serve as an ASHA worker during the pendency of this writ petition, and the State Government has utilized her services accordingly. Further, the petitioner has agreed to resign from her position as a member of the Kanchamalli Grama Panchayat, subject to the State Government disbursing the honorarium to which she is legally entitled for her service as an ASHA worker.
4. The affidavit filed by the petitioner is placed on record.
5. Without addressing the question of whether the position of an ASHA worker constitutes an "office of profit,"
and considering that the State Government has utilized the petitioner's services as an ASHA worker, and that the petitioner has undertaken to resign from the Grama Panchayat membership, it is appropriate to dispose of the petition with necessary directions.
6. The respondent is directed to disburse the arrears of honorarium legally due to the petitioner for her services as an ASHA worker. This payment shall be made within a period of three months from the date of receipt of this order, subject -4- NC: 2024:KHC:48223 WP No. 5661 of 2021 to the petitioner communicating the acceptance of her resignation from the post of Grama Panchayat member by the competent authority.
Ordered accordingly.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE MBM