Karnataka High Court
Smt. C.M Renu vs State Of Karnataka on 13 January, 2023
Author: Prasanna B.Varale
Bench: Prasanna B.Varale
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR.PRASANNA B.VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO.598 OF 2022 (S-RES)
BETWEEN:
SMT. C.M RENU
AGED ABOUT 55 YEARS,
W/O.B.C. GANAPATHI,
STAFF NURSE,
MANDYA MEDICAL COLLEGE
AND RESEARCH INSTITUTE,
MANDYA-571401.
... APPELLANT
(BY SRI MUKKANNAPPA.S.B, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE
SERVICES DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MEDICAL EDUCATION DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560001.
3. THE COMMISSIONER
HEALTH AND FAMILY WELFARE
SERVICES DEPARTMENT,
-2-
ANAND RAO CIRCLE,
BANGALORE-560009.
4. THE DIRECTOR
MEDICAL EDUCATION DEPARTMENT
VIKASA SOUDHA
BANGALORE-560 001
5. THE DEAN AND DIRECTOR
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA-571401.
6. SMT SUMITHRA DEVI N
AGED ABOUT 58 YEARS,
W/O SANJEEVAIAH,
SENIOR STAFF NURSE,
VANIVILAS HOSPITAL,
BANGALORE 560002.
7. SMT JAYASUNDARI
AGED ABOUT 58 YEARS,
W/O ANBUKUMAR,
SENIOR STAFF NURSE,
VANIVILAS HOSPITAL,
BANGALORE 560002.
8. SMT SAMPATH KUMARI B L
AGED ABOUT 56 YEARS,
W/O R. MOHAN,
SENIOR STAFF NURSE,
VANIVILAS HOSPITAL,
BANGALORE 560002.
9. SMT KANTHA
AGED ABOUT 57 YEARS,
W/O KRISHNA,
SENIOR STAFF NURSE,
VANIVILAS HOSPITAL,
BANGALORE 560002.
10 . SMT NIRMALASHARANAPPA
AGED ABOUT 58 YEARS,
-3-
W/O ANDRAIAH,
SENIOR SENIOR STAFF NURSE,
VANIVILAS HOSPITAL,
BANGALORE 560002.
11 . SMT SHOBHA
AGED ABOUT 56 YEARS,
W/O RAJAPPA,
SENIOR STAFF NURSE,
VANIVILAS HOSPITAL,
BANGALORE 560002.
12 . SMT B V VENKATALAKSHMI
AGED ABOUT 56 YEARS,
W/O VENKATESH,
SENIOR STAFF NURSE,
VANIVALAS HOSPITAL,
BANGALORE-560002.
13 . SMT NAGARATHANA M
AGED ABOUT 54 YEARS
W/O SIDDARAJU A.M.
STAFF NURSE,
MANDYA MEDICAL COLLEGE
AND RESEARCH INSTITUTE,
MANDYA 571401.
14 . SMT D M PARWATHI
AGED ABOUT 54 YEARS
W/O MOHAN M P
STAFF NURSE,
MANDYA MEDICAL COLLEGE
AND RESEARCH INSTITUTE,
MANDYA 571401.
15 . SMT SAVITHRAMMA
AGED ABOUT 56 YEARS
W/O B BABU
STAFF NURSE,
GOVT. GENERAL HOSPITAL
MANDYA 571429
16 . SMT M G UMAVATHI
AGED ABOUT 57 YEARS
W/O AITHAPPA NAIK
-4-
STAFF NURSE
GOVT GENERAL HOSPITAL
MADDUR 571429
17 . SMT CHINNAMMA M U
W/O PAVITHRA P P
AGED ABOUT 59 YEARS
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
18 . SRI G N SURENDRANATH
S/O LATE D NANJUNDAPPA
AGED ABOUT 53 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
19 . SRI KUMAR M H
S/O LATE HANUMEGOWDA
AGED ABOUT 51 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
20 . SMT JALAJAMANI K G
W/O RAMAMURTHY
AGED ABOUT 54 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
21 . SMT DHANALAKSHMI K
D/O LATE P KESHAV,
AGED ABOUT 53 YEARS,
STAFF NURSE
MANDYA INSTITUTE
-5-
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
22 . SANNARAJU K L
S/O LATE LINGE GOWDA,
AGED ABOUT 56 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
23 . KRSIHNA G C
S/O LATE CHIKKAHYDEGOWDA,
AGED ABOUT 49 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
24 . ANUSUYAMMA M B
W/O RAMESH D N,
AGED ABOUT 48YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
25 . PUNYAVATHI
D/O THIBBEGOWDA,
AGED ABOUT 46 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
26 . NAGARATHNA N R
D/O LATE RANGAPPA,
AGED ABOUT 43 YEARS,
STAFF NURSE
MANDYA INSTITUTE
-6-
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
27 . JAI BHARATHI
D/O CHUNCHEGOWDA,
AGED ABOUT 41 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
28 . NAVEEN KUMAR S D
S/O DASAPPA
AGED ABOUT 34 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
29 . SMT MYTHRI V S
D/O LATE SRINIVASMURTHY
AGED ABOUT 38 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
30 . SMT REKHA H S
W/O BASAVARAJU A N
AGED ABOUT 35 YEARS,
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
31 . SMT. MANJULA H B
W/O THIMMANNA M K
AGED ABOUT 38 YEARS,
STAFF NURSE
MANDYA INSTITUTE
-7-
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA-571 401
32 . SMT POORNIMA H R
W/O SATHISH M
AGED ABOUT 40 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA 571401
33 . SMT PADMA V
W/O RAGHAVENDRA M C
AGED ABOUT 43 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES 9MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA 571401
34 . SRI BHASKAR C V
S/O VENKATARAJA C M
AGED ABOUT 39 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA 571401
35 . SMT K POORNIMA
W/O K GNANA MURTHY
AGED ABOUT 37 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA 571401
36 . SRI SARPARAJ
S/O SHIVASWAMY
AGED ABOUT 45 YEARS
STAFF NURSE
MANDYA INSTITUTE
-8-
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA 571401
37 . SRI RAGHU T
S/O THIMMAIAH S
AGED ABOUT 40 YEARS
STAFF NURSE
MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS,
MANDYA 571401
38 . SMT VEENA KUMARI K
W/O LINGARAJU A
AGED ABOUT 39 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF MEDICAL
SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
39 . SMT VEDA K B
W/O CHETHAN J V
AGED ABOUT 37 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF MEDICAL
SCIENCES MIMS
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
40 . SMT MANJULA K S
W/O DEVARAJU T D
AGED ABOUT 39 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF MEDICAL
SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
41 . SRI JAGANNATHA H S
S/O SHANKAR SHETTY
AGED ABOUT 37 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF MEDICAL
-9-
SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
42 . SMT ASHA S B
W/O VISHWANATHA T M
AGED ABOUT 39 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF MEDICAL
SCIENCES MIMS
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
43 . SMT TULASIMANI G T
W/O ANANTHA N P
AGED ABOUT 37 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
44 . SRI UMESHA S K
S/O LATE KUMARASWAMY
AGED ABOUT 38 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
45 . SMT ROSE MARY T F
W/O D S ANTHONY
AGED ABOUT 44 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
46 . SRI PRABHUKUMARASWAMY C K
S/O CHANDRASHEKHARAIAH
AGED ABOUT 36 YEARS,
STAFF NURSE, MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
- 10 -
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
47 . SMT THARA M
W/O NAGARAJU B
AGED ABOUT 37 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
48 . SMT GRACY N M
W/O JOHNSON K V
AGED ABOUT 39 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
49 . SMT MAMATHA N S
D/O SHIVARAJU
AGED ABOUT 35 YEARS,
STAFF NURSE
MANDYA INSTITUTE OF
MEDICAL SCIENCES (MIMS)
DISTRICT HOSPITAL CAMPUS
MANDYA -571 401
... RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 TO R5;
SRI VIJAY KUMAR V.B, ADVOCATE FOR C/R-17 TO 49,)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET
ASIDE THE ORDER DATED 19.04.2022 PASSED IN
W.P.NO.6001/2020 C/W W.P.NO.5964/2020 AND
W.P.NO.8855/2021 AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
- 11 -
JUDGMENT
The learned Additional Government Advocate accepts notice for respondent Nos.1 to 5.
2. The learned counsel for the appellant submits that pursuant to the order dated 24.11.2022, the costs of Rs.5,000/- is deposited with the Karnataka State Legal Services Authority today i.e., 13.01.2023 and receipt is also placed on record along with the memo for withdrawal of the appeal.
3. Though, it is stated in the memo for withdrawal that the appellant be permitted to withdraw the appeal with liberty to file a fresh writ appeal, we are not inclined to grant liberty for filing a fresh appeal for the same cause.
4. Accordingly, the appeal is disposed of as withdrawn.
5. In view of disposal of the appeal, pending interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE KPS