Karnataka High Court
Shashidhara C S vs The State Of Karnataka on 10 October, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:36803
WP No. 22661 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 22661 OF 2023 (S-RES)
BETWEEN:
1. SHASHIDHARA C S S/O SHANKARAPPA C N
AGED ABOUT 43 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
2. NEELAKANTAPPA A K S/O SIDDAPPA
AGED ABOUT 52 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
3. MANJUNATHA B S/O BHEEMALINGAPPA
AGED ABOUT 36 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
Digitally
signed by SHIVAMOGGA-577 201.
PANKAJA S
Location:
HIGH 4. SANTHOSH G S/O MALLESHAPPA G
COURT OF
KARNATAKA AGED ABOUT 37 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
5. KALAVATHI G C W/O H M BHASKAR
AGED ABOUT 49 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
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6. NEELAKANTE GOWDA S/O THIMMEGOWDA
AGED ABOUT 41 YEARS
WORKING AS STOREKEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
7. ROHINI B M W/O SUBRAMANYA
AGED ABOUT 45 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
8. PADMA T K W/O DEVARAJU
AGED ABOUT 55 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
9. VEENA H S W/O JAYARAM
AGED ABOUT 50 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
10. MALINI K D/O A V KRISHNA
AGED ABOUT 49 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
11. DAYANANDA V H S/O HUCHAPPA V
AGED ABOUT 41 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
12. SHAILENDRA KUMAR K M S/O MALLIKARJUNAPPA K
AGED ABOUT 46 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
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13. USHAKUMARI G W/O MANJUNATHA H H
AGED ABOUT 44 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
14. PANKAJA S D/O SIDDAPPA M
AGED ABOUT 40 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
15. LALITHA H S W/O SRIKANTH K S
AGED ABOUT 49 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
16. MAMATHA N P W/O RAVI J P
AGED ABOUT 47 YEARS
WORKING AS STORE KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
17. PARAMESWARAPPA G S/O BHARMAPPA G
AGED ABOUT 53 YEARS
WORKING AS STOREKEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
18. KAVITHA K W/O SUJAY
AGED ABOUT 44 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
19. K L LINGARAJA S/O K SANGAPPA
AGED ABOUT 41 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
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20. S M RAJESHA S/O S MAHADEVAPPA
AGED ABOUT 45 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
21. SNEHA V W/O RAGHAVENDRA M
AGED ABOUT 45 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
22. MANULA H R W/O JOSEPH R HONNALLI
AGED ABOUT 44 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
23. SARASWATHI M P W/O HIRANNAIAH J
AGED ABOUT 46 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
24. B K CHANDRASHEKAR NAIK S/O KHEMYA NAIK
AGED ABOUT 53 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
25. RAVIKUMAR K N S/O NAGENDRAPPA K
AGED ABOUT 42 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
26. ARCHANA T N W/O PARAMESH
AGED ABOUT 47 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577201.
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27. SUMITHRA E W/O PRASHANTH
AGED ABOUT 50 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
28. REKHA H T D/O THIMMAPPA GOWDA
AGED ABOUT 38 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
29. B SARASWATHI D/O R BHEEMLA NAIK
AGED ABOUT50 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
30. K PRATHIMA W/O SUMANTH S
AGED ABOUT 38 YEARS
WORKING AS RECORD KEEPER / CLERK
SHIMOGA INSTITUTE OF MEDICAL SCIENCES
SHIVAMOGGA-577 201.
...PETITIONERS
(BY SRI PRUTHVI WODEYAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
MEDICAL EDUCATION DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001.
REP. BY ITS ADDITIONAL CHIEF SECRETARY
2. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE SERVICES
DEPARTMENT (MEDICAL EDUCATION)
M S BUILDING,
BENGALURU-560 001.
REP. BY ITS ADDITIONAL CHIEF SECRETARY
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3. THE SHIVAMOGGA INSTITUTE OF
MEDICAL SCIENCES
SAGAR ROAD
SHIVAMOGGA-566 201.
REP. BY ITS DIRECTOR
...RESPONDENTS
(BY SRI B.RAVINDRANATH, AGA FOR R1 & 2
SRI S.B.TOTAD, ADV., FOR R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO REGULARIZE THE POSTS OF THE
PETITIONERS AS PER THE DIRECTION ISSUED BY THIS HONBLE
COURT IN WP NO. 19344 AND 49297/2014 AND 16/05/2023
AND WP. NO. 22621/2021 DATED 29/09/2022 VIDE ANNEXURE-
M AND N.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
It is not in dispute that the in respect of a similar issue this Court, in W.P. No. 9829/2020, has disposed of the writ petition in the following terms:
"4. In my view, since it is the case of the petitioners that they have been employed by the Medical colleges, in respect of which, the Government has already taken a decision in respect of other colleges to absorb the employees therein, the petitioners would also have to be treated on par with the other employees. Consequently, the Government is directed to -7- NC: 2023:KHC:36803 WP No. 22661 of 2023 consider the case of the petitioners and pass appropriate orders of absorption in accordance with the decision rendered by this Court in W.P.No.19344/2014 and W.P.No.49297/2014.
5. It is needless to state, until then, the services of the petitioners shall not be terminated".
2. In view of the above, this writ petition is also disposed of in the same terms.
Sd/-
JUDGE PSJ