Karnataka High Court
Karnataka State Contract Basis vs State Of Karnataka on 23 August, 2018
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION Nos.32913-32914/2017 c/w
WRIT PETITION No. 14853/2016 & WP Nos.14854-
14927/2016 AND
WP Nos. 20957-21082/2016
IN W.P. Nos.32913-32914/2017:
BETWEEN:
1. KARNATAKA STATE CONTRACT BASIS
STAFF NURSES ASSOCIAION, REGD. UNDER THE
KARNATAKA SOCIETIES REGISTRATION ACT,
SITUATE AT KUMABARA STREET, CHANNARAYAPATNA,
HASSAN DISTRICT 573 201.
REP. BY ITS SECRETARY,
SHRI. T. BALAMURALI KRISHNA,
AGED 38 YEARS.
2. SRI. NAGARAJU H.C.
AGED 33 YEARS,
S/O. CHIKKANNA,
WORKING AS STAFF NURSE ON CONTRACT-BASIS,
PRIMARY HEALTH CENTER, I.D. HALLI,
MADHUGIRI TALUK,
TUMKUR DISTRICT - 571 124. :PETITIONERS
(BY SRI NARESH KAUSHIK FOR SRI M. KRISHNAPPA, ADV. )
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AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY TO GOVT.,
HEALTH AND FAMILY WELFARE DEPARTMENT,
VIKAS SOUDHA, BENGALURU - 560 001.
2. THE DIRECTOR
HEALTH & FAMILY WELFARE SERVICES,
ANANDA RAO CIRCLE, BENGALURU - 560 009.
3. NATIONAL RURAL HEALTH MISSION
REP. BY ITS DIRECTOR,
DIRECTORATE OF HEALTH & FW SERVICES,
1ST OF THE CONTROL ROOM,
ANAND RAO CIRCLE, BENGALURU - 560 009.
4. THE SEPCIAL RECRUITMENT COMMITTEE
HEALTH & FAMILY WELFARE SERVICES,
ANANDA RAO CIRCLE, BENGALURU - 560 009.
REP. BY ITS MEMBER-SECRETARY.
5. UNION OF INDIA
REP. BY ITS SECRETARY,
HEALTH & FAMILY WELFARE DEPARTMENT,
A-WING, IP EXTENSION,
DELHI SECRETARIAT, DELHI - 110 002. :RESPONDENTS
(BY SRI E.S. INDIRESH, AGA FOR R1, R2 AND R4;
SMT. SUMANA BALIGA M., ADV. FOR R3;
SMT. PREMA HATTI, CGC FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED RULES VIZ., KARNATAKA DIRECTORATE
OF HEALTH AND FAMILY WELFARE SERVICES [RECRUITMENT
TO STAFF NURSES WITH DIPLOMA IN NURSING] (SPECIAL)
RULES, 2017 ISSUED BY RESPONDENT NO.1 VIDE
NOTIFICATION DTD.27.5.2017 VIDE ANNEX-B, AND THE
NOTIFICATION DTD.30.5.2017 VIDE ANNEX-C AND THE
NOTIFICATION DTD.20.6.2017 VIDE ANNEX-D BOTH ISSUED BY
RESPONDENT NO.4., ETC.
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IN W.P. Nos.14853/2016 & 14854-927/2016:
BETWEEN:
1. KARNATAKA AYUSH MEDICAL OFFICERS
ASSOCIATION REGISTERED UNDER THE
SOCIETIES REGISTRATION ACT
WITH REGN. NO. C.D.G-S 257/2015-16
DHAVALAGIRI LAYOUT, CHITRADURGA-
CHITRADURGA DISTRICT,
REP. BY ITS PRESIDENT -
DR. SHIVALINGAPPA S/O BASAPPA,
AGED ABOUT 45 YEARS. :PETITIONER
(BY SRI NARESH KAUSHIK FOR SRI M. KRISHNAPPA, ADV.)
AND:
1. UNION OF INDIA
REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH &
FAMILY WELFARE DEPARTMENT
A-WING, IP EXTENSION,
DELHI SECRETARIAT, DELHI-110 002.
2. THE DIRECTOR
NATIONAL RURAL HEALTH MISSION
DIRECTORATE OF HEALTH & FW SERVICES
1ST OF THE CONTROL ROOM, ANAND RAO CIRCLE,
BENGALURU-560009.
3. STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVERNMENT (H&FW)
HEALTH & FAMILY WELFARE DEPARTMENT, (I/C)
ROOM NO.105, 1ST FLOOR, VIKAS SOUDHA,
BENGALURU-560001.
4. THE DIRECTOR
HEALTH & FAMILY WELFARE DEPARTMENT KARNATAKA
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DIRECTORATE OF HEALTH & FAMILY WELFARE SERVICES
ALNANDA RAO CIRCLE,
BENGALURU-560 009. :RESPONDENTS
(BY SMT. PREMA HATTI, CGC FOR R1;
SMT. SUMANA BALIGA M. ADV. FOR R2;
SRI E.S. INDIRESH, AGA FOR R3 & R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A)
ISSUE A WRIT OF MANDAMUS REQUIRING THE RESPONDENTS
TO FORMUALTE A POLICY FOR REGULARIZATION OF THE
SERVICES OF ALL MEMBERS OF THE PETITIONER-ASSOCIATION
ANNEXED AS ANNX-A WHO HAVE BEEN WORKING ON
CONTRACT BASIS AND MAKE THEM PERMANENT EMPLOYEES
AND (B) ISSUE A WRIT OF MANDAMUS REQUIRING THE
RESPONDENT TO PAY WAGES TO THESE CONTRACTUAL
EMPLOYEES/AYUSH DOCTORS THAT ARE EQUAL TO THE
WAGES/SALARY THAT ARE BEING PAID TO THE MBBS
DOCTORS/PERMANENT EMPLOYEES, ETC.
In W.P. Nos.20957-21082/2016:
BETWEEN:
1.KARNATAKA STATE CONTRACT BASIS STAFF NURSES
ASSOCIATION, REGD. UNDER THE KARNATAKA SOCIETIES
REGISTRATION ACT, SITUATE AT KUMBARA STREET,
CHANNARAYAPATNA,
HASSAN DISTRICT
REP. BY ITS SECRETARY
SHRI. BALAMURALI KRISHNA,
AGED 36 YEARS
S/O THYAGARAJ. :PETITIONER
(BY SRI NARESH KAUSHIK FOR SRI M. KRISHNAPPA, ADV.)
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AND:
1. UNION OF INDIA
REP BY ITS SECRETARY, HEALTH & FAMILY WELFARE
DEPARTMENT, A WING, IP EXTENSION,
DELHI SECRETARIATE, DELHI-110 002.
2. NATIONAL RURAL HEALTH MISSION
REP. BY ITS DIRECTOR,
DIRECTORATE OF HEALTH & FW SERVICES,
1ST OF THE CONTROL ROOM, ANAND RAO CIRCLE,
BENGALURU- 560 009.
3. STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVT. (H & FW),
HEALTH AND FAMILY WELFARE DEPARTMENT,(I/C),
ROOM NO.105, 1ST FLOOR,VIKAS SOUDHA,
BENGALURU- 560 001.
4. THE DIRECTOR
HEALTH & FAMILY WELFARE DEPARTMENT KARNATAKA
DIRECTORATE OF HEALTH & FAMILY WELFARE SERVICES
ANANDA RAO CIRCLE,
BENGALURU-560 009. :RESPONDENTS
(BY SMT. PREMA HATTI, CGC FOR R1;
SMT. SUMANA BALIGA M. ADV. FOR R2;
SRI E.S. INDIRESH, AGA FOR R3 & R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
(A) ISSUE A WRIT OF MANDAMUS REQUIRING THE
RESPONDENT TO FORMULATE A POLICY FOR REGULARIZATION
OF THE SERVICES OF THE MEMBERS OF THE PETITIONER-
ASSOCIATION, AT ANNEX-A DATED 08.01.2016 WORKING ON
CONTRACT BASIS AND MAKE THEM PERMANENT, (B) ISSUE A
WRIT OF MANDAMUS REQUIRING THE RESPONDENTS TO
CREATE NEW POSTS FOR PETITIONERS, (C) ISSUE A WRIT OF
MANDAMUS REQUIRING THE RESPONDENT TO PAY WAGES TO
THESE CONTRACTUAL EMPLOYEES/ STAFF THAT ARE EQUAL TO
THE WAGES / SALARY THAT ARE BEING PAID TO PERMANENT
EMPLOYEES, ETC.
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THESE WRIT PETITIONS COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATIONS, THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
Writ Petition Nos. 32913-32914/2017 are filed by the Karnataka State Contract Basis Staff Nurses Association and one Sri Nagaraj H.C., who is working as a staff nurse on contract basis. The prayer of the writ petitioners is for a writ of certiorari to quash the Karnataka Directorate of Health and Family Welfare Services (Recruitment to Staff Nurses with Diploma in Nursing) (Special) Rules, 2007 issued by respondent No.1 vide Notification No. HFW 550 HSH 2016 dated 27.05.2017 as at Annexure-B and the Notifications dated 30.05.2017 and 20.06.2017 issued by respondent No.4 vide Annexures - C and D.
2. Writ Petition No. 14853/2016 and connected cases are filed by the Karnataka Ayush Medical Officers Association. The petitioners seek for a writ of mandamus requiring the respondents to formulate a policy for regularisation of the services of the members of the 7 petitioner - association; a writ of mandamus requiring the respondents to pay wages to the contractual employees/Ayush doctors as is being paid to the MBBS doctors/permanent employees.
3. Writ Petition Nos.20957-21082/2016 are filed by the Karnataka State Contract Basis Staff Nurses Association seeking an identical relief as sought for in writ petition No.14853/2016 and connected cases.
4. Primarily it is contended that in spite of furnishing sufficient representations to the respondents, nothing has come of it. Therefore the petitioners' counsel pleads that he may be granted liberty to submit a comprehensive representation to the respondents with respect to the relief that the petitioners claim. That in view of the various orders passed by this Court as well as other Courts the respondents are required to consider the representation in terms thereof. In turn, the respondents' learned counsels submit that, as and when such a 8 representation is furnished to them, the respondents will consider the same in a manner known to law.
5. In view of the submissions made the petitions are disposed off. The writ petitioners are permitted to submit a comprehensive representation seeking relief from the respondents. The respondents on receipt of the same, shall consider the same in accordance with law and pass appropriate orders thereon.
6. The petitioners' counsel, at this stage submits that, till the representation to be submitted by them, is considered, the respondents be directed not to terminate them. On the other hand, counsel appearing for the respondent - National Rural Health Mission submits that in terms of the contract, the contract would expire only on 31.03.2019.
7. Learned Government Advocate and the counsel appearing for the Union of India submit that within a period of eight weeks after receipt of such a representation 9 from the petitioners, the same will be considered in accordance with law which will certainly be much prior to 31.03.2019. Their submissions are placed on record.
Interlocutory applications i.e. 1/2018, 1 to 3 of 2017, 3/2016 and 1/2016 pending in these writ petitions are rejected.
Writ petitions are disposed off accordingly.
SD/-
JUDGE sac*