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Karnataka High Court

Dr. P C Chappanamath vs The State Of Karnataka on 29 November, 2022

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                             -1-




                                            WP No.100008 of 2015



       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

          DATED THIS THE 29TH DAY OF NOVEMBER, 2022

                           BEFORE

       THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

           WRIT PETITION NO. 100008 OF 2015 (S-PRO)

BETWEEN:


DR. P C CHAPPANAMATH
S/O CHANNAYYASWAMY,
AGE: 60 YEARS,
OCC: ASSISTANT PROFESSOR,
D.G.M.AYURVEDIC MEDICAL COLLEGE,
GADAG,
DIST: GADAG
                                                 ...PETITIONER
(BY SRI. SABEEL AHMED, FOR SRI. A S PATIL.,ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     RPTD.BY ITS SECRETARY,
     TO THE DEPARTMENT OF HEALTH
     and FAMILY WELFARE,
     M S BUILDING, BANGALORE

2.   THE DIRECTOR
     AYURVEDA, YOGA and NATUROPATHY,
     UNANI-SIDDA,
     and HOMEOPATHY (AYUSH) DEPARTMENT,
     DHANAVANTRI ROAD, BANGALORE

3.   THE CHIEF ADMINISTRATIVE OFFICER
     AYURVEDA, YOGA and NATUROPATHY,
     UNANI-SIDDA,
     and HOMEOPATHY (AYUSH) DEPARTMENT,
     DHANAVANTRI ROAD, BANGALORE

4.   THE CHAIRMAN
     J S V V SAMITHI,
     SHIVANAND NAGAR,
                               -2-




                                             WP No.100008 of 2015



     GADAG

5.   THE PRINCIPAL
     DGM AYURVEDIC MEDICAL COLLEGE,
     GADAG, DIST: GADAG
                                               ...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1-R3)
(R4 & R5 - SERVED )

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.1 TO PASS APPROPRIATE ORDER ON THE
COMMUNICATION/RECOMMENDATION DATED 05.09.2014 MADE BY
THE RESPONDENT NO.3 TO THE RESPONDENT NO.1, AS PER
ANNEXURE-D AND ACCORDINGLY TO PROMOTE THE PETITIONER
FROM THE POST OF ASSISTANT PROFESSOR TO THE POST OF
PROFESSOR WITH ALL CONSEQUENTIAL BENEFITS.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The third respondent has sent a proposal dated 05.09.2014 to the first respondent to upgrade six posts of Associate Professor to Professor. The petitioner's grievance is that the proposal sent by the third respondent is not considered by the first respondent. The petitioner claims that in view of the inaction of the first respondent in not considering the proposal sent by the third respondent, the post of Associate Professor held by the petitioner is not upgraded as Professor.

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WP No.100008 of 2015

2. The learned High Court Government Pleader appearing for the respondent-State submits that the proposal sent by the third respondent will be considered in accordance with law, if not already considered.

3. Therefore, it is expedient to dispose of the writ petition directing the first respondent to consider the communication/proposal dated 05.09.2014 sent by the third respondent at Annexure-D and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a certified copy of the order. Ordered accordingly.

Sd/-

JUDGE KMS List No.: 2 Sl No.: 3