Karnataka High Court
Shripad And Ors vs The State Of Karnataka And Ors on 3 June, 2022
Author: S. Vishwajith Shetty
Bench: S. Vishwajith Shetty
1 W.P.No.200333/2022
& Connected matters
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.200333/2022 (S-RES)
C/W
WRIT PETITION NO.201032/2022 &
WRIT PETITION NO.201034/2022 (S-PRO)
W.P.NO.200333/2022
BETWEEN
1. SARASWATHI D/O SUBRAMANI,
AGE. 36 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR-584102
2. JAYAKRISHNA S/O KRISHNAMURTHY
AGE. 37 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O PLOT NO. 1/12/137,
FLAT NO. D4, BHAGAVATHI SHELTERS,
PCB COLONY, NEAR CITY INSTITUTE,
RAICHUR-584101
3. RITA D/O NARASAPPA
AGE. 37 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO. 1-11-1128/54,
RAMANJINAYYA COLONY,
NEAR METHODIST CHURCH,
RAICHUR-584101.
2 W.P.No.200333/2022
& Connected matters
4. NEELAGANGA W/O PRAKASH
AGE. 38 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O GOMATHA NILAYA, H.NO. 13-2-7/21
NEAR SLN ENGINEERING COLLEGE,
YARMARAS CAMP, RAICHUR 584102
5. SOMASHEKHARA S/O CHANNAPPA
AGE. 37 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO. 15, "C" BLOCK STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR 584102
6. BASAVARAJSABARAD S/O MANOHAR SABARAD
AGE 40 YEARS,
OCC STAFF NURSE/NURSING OFFICER,
R/O H.NO. 27, "C" BLOCK, STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR 584102.
7. SANTOSHKUMAR CHAVAN
S/O CHANDRASHEKHAR CHAVAN,
AGE 36 YEARS,
OCC STAFF NURSE/NURSING OFFICER,
R/O H.NO. 26, "D" BLOCK STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR 584102
8. ANURADHA W/O DEEPAK
AGE. 37 YEARS,
OCC STAFF NURSE/NURSING OFFICER,
R/O PARAS PARK ADJACENT TO K.R.NAGAR
NEAR ALLAMPRABHU CLONY
RAICHUR 584102
9. KAVITHA D/O DANASHEGARAN
AGE 39 YEARS,
OCC STAFF NURSE/NURSING OFFICER,
R/O H.NO. 14 "C", BLOCK STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR-584102.
3 W.P.No.200333/2022
& Connected matters
10. SUBBARATHNAMMA W/O B.RAJASHEKAR
AGE 48 YEARS,
OCC STAFF NURSE/NURSING OFFICER,
R/O H.NO. 14," D" BLOCK STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR 584102.
11. SARITA W/O BASAVANTH JHON JOBRAJ
AGE. 40 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO.9, "C" BLOCK, STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR 584102.
12. SHARAD TANAJI KANASE S/O TANAJI
AGE. 45 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO.30, "C" BLOCK, STAFF QUARTERS,
RIMS CAMPUS, HYDERABAD ROAD,
RAICHUR 584102
...PETITIONERS
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO THE DEPARTMENT OF MEDICAL EDUCATION,
VIKAS SOUDHA, BENGALURU-560 001
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY TO
THE DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES,
M.S BUILDING, BENGALURU-560001
3. THE DIRECTOR OF
HEALTH AND FAMILY WELFARE
SERVICES DEPARTMENT,
ANAND RAO CIRCLE,
BENGALURU-560001
4 W.P.No.200333/2022
& Connected matters
4. THE DIRECTOR OF
MEDICAL EDUCATION,
ANAND RAO CIRCLE,
BENGALURU-560001.
5. THE DIRECTOR,
THE RAICHUR INSTITUTE OF MEDICAL
SCIENCES, (RIMS), RAICHUR,
DIST. RAICHUR-584101.
6. THE CHIEF EXECUTIVE OFFICER,
THE RAICHUR INSTITUTE OF MEDICAL
SCIENCES, (RIMS), RAICHUR
DIST: RAICHUR-584101
...RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO R4;
BY SRI. SACHIN M. MAHAJAN, ADVOCATE FO R5)
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED
ORDER BEARING NO.DPÀÄPÀ/293/¹.f.JA.2016 (¨sÁ-1) ¨ÉAUÀ¼ÀÆgÀÄ
DATED 06.06.2017 ISSUED BY THE 2ND RESPONDENT, VIDE
ANNEXURE - D, CIRCULAR NO. ªÉʲ/¹§âA¢/196/2019-20 DATED
12.02.2020 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE - K
AND CIRCULAR NO. J£ï.Dgï.J¸ï.(2)/396/2019-20 DATED
19.02.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE - L
AND CIRCULAR NO. J£ï.Dgï.J¸ï(2)/396/2019-20 DATED
12.08.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-M
IN SO FAR AS IT RELATES TO GRANTING POWER TO THE 1ST
RESPONDENT TO FILL UP THE VACANCIES AVAILABLE IN THE 5TH
RESPONDENT INSTITUTION AND SET ASIDE THE SAME ETC.
5 W.P.No.200333/2022
& Connected matters
W.P.NO.201032/2022
BETWEEN
1. SHRIPAD S/O BASAWANT VIBHUTI,
AGE. 36 YEARS,
OCC. STAFF NURSE / NURSING OFFICER,
R/O H.NO-EWS-2, SEDAM ROAD,
NEAR HANUMAN TEMPLE,
GUBBI COLONY, KALABURAGI-585105.
2. ASHOK KUMAR S/O SANJEEVAPPA,
AGE. 35 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O DEVNOOR, TQ. SEDAM,
DIST. KALABURAGI-585318.
3. KHAJA KHADIRODDIN
S/O KHAJA BAHAODDIN,
AGE. 36 YEARS,
OCC. STAFF NURSE / NURSING OFFICER,
R/O PATEL COLONY,
CHANDAPUR, TQ. CHINCHOLLI,
KALABURAGI-585305.
4. SUNIL KUMAR S/O HONNAPPA ANGADI,
AGE. 38 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O AT POST HOSUR,
TQ. SHAHAPUR,
DIST. YADGIRI-585287..
5. DIVYA E. D/O ERANNA,
AGE. 29 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO.11-881,
M.S.K. MILL ROAD,
NEAR WATER TANK, BASAVA NAGAR,
KALABURAGI-585103.
6 W.P.No.200333/2022
& Connected matters
6. MEENA H. KORE
D/O HANMANTH RAO,
AGE. 36 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O PLOT NO.7, 1ST CROSS,
RAJAPUR RAOD, PAVAN GANGA COLONY,
OPP. KOSGI KALYAN MANTAP,
KALABURAGI-585105.
7. POORNIMA VIBHUTI
D/O BASAWANT VIBHUTI,
AGE 31 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O EWS NO.2, SEDAM ROAD,
GUBBI COLONY,
NEAR BASAVESHWAR HOSPITAL,
KALABURAGI-585105.
8. SIDDARTHA S/O YALLAPPA,
AGE. 30 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O NO.2-55, WACHA, TQ. CHITTAPUR,
DIST. KALABURAGI-585312.
9. MINTHUN KUMAR
S/O SHIVALINGAPPA,
AGE. 35 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O # 4/178, MAJID ROAD, TENGLI,
TQ. KALAGI,
DIST. KALABURAGI-585305.
10. VEERESH S/O SIDDAYYA,
AGE. 40 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O PLOT NO.17, SEDAM RAOD,
NEAR BUDDH VIHAR GATE,
BANADESHWAR NAGAR,
KALABURAGI-585106.
7 W.P.No.200333/2022
& Connected matters
11 . BHIMANNA HOKRANI
S/O BASAPPA HOKRANI,
AGE. 34 YEARS,
OCC. STAFF NURSE/NURSING OFFICER
R/O @ LIG-113, KHB COLONY,
TQ. MUDDDEBHIHAL,
DIST. VIJAYAPUR-586212.
12. TULJARAM S/O ARJUN,
AGE. 32 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O AT POST SONTH, TQ. KAMALAPUR,
DIST. KALABURAGI-585313.
13. SANKET S/O DILIPKUMAR,
AGE. 35 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O QUARTER NO.D-6/G-2,
HASANAPUR CAMP, RANGAMPETH,
TQ. SHORAPUR, DIST. YADGIR-585220.
14. SALOMI D/O JACOB,
AGE. 30 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O WARD NO.8 SINDHANUR ROAD,
NEAR SWAMY VIVEKANANDA SCHOOL,
INDRA NAGAR BHAGA-2,
TQ. MANVI, DIST. RAICHUR-584123.
15. JAYASHRI D/O ARJUN ITAGI,
AGE. 36 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O PLOT NO. 47,
HUMNABAD RAOD,
REVANSIDDESHWAR COLONY, KAPNOOR,
TQ. AND DIST. KALABURAGI-585104.
16. SHANTAKUMARI
W/O AMARE NAGINDRAPPA,
AGE. 34 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO.F-23, SEDAM RAOD,
UNIVERSITY CAMPUS,
KALABURAGI-585106.
8 W.P.No.200333/2022
& Connected matters
17. SHEELA D/O SAIBANNA,
AGE. 40 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O H.NO-E/2-586, SEDAM RAOD,
OPP. GOVT. HOSPITAL,
SUNDAR NAGAR,
KALABURAGI-585105.
18. RAJASHEKHAR BHAJANTRI S/O KASAPPA,
AGE. 34 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O HATTA HALLI,
TQ. INDI, DIST. VIJAYAPUR-586205.
19. ROOPA W/O SHIVANAND JANE,
AGE. 35 YEARS,
OCC. STAFF NURSE/NURSING OFFICER,
R/O JWD-129, JAWALI-D,
TQ. ALAND,
DIST. KALABURAGI-585213.
...PETITIONERS
(BY SRI.CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA AND ORS
REPRESENTED BY ITS
SECRETARY TO THE DEPARTMENT OF
MEDICAL EDUCATION,
VIKAS SOUDHA, BENGALURU-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO THE DEPARTMENT OF
HEALTH AND FAMILY WELFARE SERVICES,
M.S. BUILDING,
BENGALURU-560001.
9 W.P.No.200333/2022
& Connected matters
3. THE DIRECTOR /
THE CHIEF ADMINISTRATIVE OFFICER
OF HEALTH AND FAMILY WELFARE,
SERVICE DEPARTMENT,
ANAND RAO CIRCLE,
BENGALURU-560001.
4. THE DIRECTOR
OF MEDICAL EDUCATION,
ANAND RAO CIRCLE,
BENGALURU-560001.
5. THE DIRECTOR,
THE GULBARGA INSTITUTE OF
MEDICAL SCIENCES (GIMS),
KALABURAGI,
DIST. KALABURAGI-585105.
......RESPONDENTS
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP FOR 1 TO R4;
BY SRI. SACHIN M.MAHAJAN, ADVOCATE FOR R5)
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED
ORDER BEARING NO.DPÀÄPÀ/293/¹.f.JA.2016 (¨sÁ-1) ¨ÉAUÀ¼ÀÆgÀÄ
DATED 06.06.2017 ISSUED BY THE 2ND RESPONDENT, VIDE
ANNEXURE - D, CIRCULAR NO. ªÉʲ/¹§âA¢/196/2019-20 DATED
12.02.2020 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE - J
AND CIRCULAR NO. J£ï.Dgï.J¸ï.(2)/396/2019-20 DATED
19.02.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-K
AND CIRCULAR NO. J£ï.Dgï.J¸ï(2)/396/2019-20 DATED
12.08.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-L
IN SO FAR AS IT RELATES TO GRANTING POWER TO THE 1ST
RESPONDENT TO FILL UP THE VACANCIES AVAILABLE IN THE 5TH
RESPONDENT INSTITUTION AND SET ASIDE THE SAME ETC.
10 W.P.No.200333/2022
& Connected matters
W.P.201034/2022
BETWEEN
BASAVANTHA JOHN JOB RAJ,
AGE. 39 YEARS,
OCC. LAB TECHNICIAN,
R/O # 2/23, BLOCK-1,
NEAR GOVERNMENT SCHOOL,
RAMPUR, RAICHUR-584102.
...PETITIONER
(BY SRI.CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA AND ORS
REPRESENTED BY ITS
SECRETARY TO THE DEPARTMENT OF
MEDICAL EDUCATION,
VIKAS SOUDHA, BENGALURU-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TOT HE DEPARTMENT OF
HEALTH AND FAMILY WELFARE SERVICES,
M.S. BUILDING, BENGALURU-560001.
3. THE DIRECTOR /
THE CHIEF ADMINISTRATIVE OFFICER OF
HEALTH AND FAMILY WELFARE
SERVICES DEPARTMENT,
ANAND RAO CIRCLE,
BENGALURU-560001.
4. THE DIRECTOR OF
MEDICAL EDUCATION,
ANAND RAO CIRCLE, BENGALURU-560001.
5. THE DIRECTOR
THE RAICHUR INSTITUTE OF
MEDICAL SCIENCES, (RIMS),
RAICHUR, DIST. RAICHUR-584101.
........RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO R4;
BY SRI. SACHIN M.MAHAJAN, ADVOCATE FOR R5)
11 W.P.No.200333/2022
& Connected matters
THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED
ORDER BEARING NO.DPÀÄPÀ/293/¹.f.JA.2016 (¨sÁ-1) ¨ÉAUÀ¼ÀÆgÀÄ
DATED 06.06.2017 ISSUED BY THE 2ND RESPONDENT, VIDE
ANNEXURE-C, CIRCULAR NO.ªÉʲ/¹§âA¢/196/2019-20 DATED
12.02.2020 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-H
AND CIRCULAR NO.J£ï.Dgï.J¸ï.(2)/396/2019-20 DATED
19.02.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-J
AND CIRCULAR NO.J£ï.Dgï.J¸ï(2)/396/2019-20 DATED
12.08.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-K
IN SO FAR AS IT RELATES TO GRANTING POWER TO THE 1ST
RESPONDENT TO FILL UP THE VACANCIES AVAILABLE IN THE 5TH
RESPONDENT INSTITUTION AND SET ASIDE THE SAME ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and the learned counsel for contesting respondent No.5.
2. The learned counsel for the petitioners at the outset submits that the petitioners are not pressing prayer Nos.2 and 3 and insofar as other prayers are concerned, they are covered by the judgment passed by a coordinate Bench of this Court at Bengaluru in W.P.No.6001/2020 and connected matters disposed of 12 W.P.No.200333/2022 & Connected matters on 19.04.2022, wherein, this Court has allowed the writ petitions in part and directed the State Government not to transfer/promote any of the existing Staff Nurses or any other staff from the Department of Health and Family Welfare to the Medical Colleges and the State Government has been further directed to consider the representation given by the writ petitioners in the said writ petitions for promotion to the higher posts of senior nursing officers and pass necessary orders as expeditiously as possible at any rate within a period of three months. Consequently, the impugned order in the said writ petitions have been quashed to the extent they relates to the transfer/promote any of the existing Staff Nurses or any other staff from the Department of Health and Family Welfare to the Medical Colleges and was also held that in the cases where already transfers were effected, the State Government to recall such transfers in the department of Health and Family Welfare. 13 W.P.No.200333/2022
& Connected matters
3. Learned counsel appearing for the contesting respondent No.5 does not dispute the submission made by the learned counsel for the petitioners.
4. Under the circumstances, I am of the considered view that even these writ petitions can be disposed of in terms of the order passed by the coordinate Bench of this Court at Bengaluru in W.P.No.6001/2020 and connected matters. Accordingly, following:
ORDER The writ petitions are disposed of in terms of the order passed by the coordinate Bench of this Court at Bengalur in W.P.No.6001/2020 and connected matters disposed of on 19.04.2022.
Sd/-
JUDGE Srt