Writ Petition No. 14982 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 14982 OF 2025 (S-KSAT) BETWEEN: 1. DR. USHA B R, M.B.B.S, DNB(ENT) W/O DR. NAGENDRA KUMAR S, AGED ABOUT 46 YEARS, SPECIALIST, VICTORIA HOSPITAL, K.R. MARKET, BANGALORE - 560002. 2. DR. BALAJI H S/O HANUMANTHARAYAPPA S, AGED ABOUT 53 YEARS, SENIOR SPECIALIST, BOWRING AND LADY CURZON HOSPITAL, SABVMCRI, BANGALORE - 560001. 3. DR. RAJALAKSHMI N, M.B.B.S., DLO AGED ABOUT 50 YEARS, D/O LATE N NADEPPA, SPECIALIST, VICTORIA HOSPITAL, BANGALORE - 560002. 4. DR. VADIRAJ B POKKAN, M.B.B.S, MS(GENERAL SURGERY) S/O BABURAO POKKAN, AGED ABOUT 58 YEARS, GENERAL SURGERY, BOWRING AND LADY CURZON HOSPITAL, BANGALORE – 560097. 5. DR. MANASA S, M.B.B.S, MD(PSYCHIATRY) W/O DR. GIRI G V, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR AGED ABOUT 40 YEARS, SENIOR SPECIALIST, VICTORIA HOSPITAL, BANGALORE - 560002. 6. DR. SANTHOSH H R, M.B.B.S. D-ORTHO S/O RAJAPPA R B, AGED ABOUT 48 YEARS, SPECIALIST, VICTORIA HOSPITAL, BANGALORE - 560002. 7. DR. SUMA K S, M.B.B.S, MS, DGO F/O K B SINGEGOWDA, AGED ABOUT 50 YEARS, SENIOR SPEICALIST, VANIVILAS HOSPITAL, BMCRI, BANGALORE - 560002. 8. DR. SURESH M, M.B.B.S., D-ORTHO, S/O D MANOGNAN AGED ABOUT 54 YEARS, SENIOR SPEICALIST, BOWRING AND LADY CURZON HOSPITAL BANGALORE - 560097. 9. DR. MOHAN KUMAR S L, M.B.B.S., D-ORTHO S/O LATE LAKSHMAIAH S T, AGED ABOUT 55 YEARS, CIVIL SURGEON, BOWRING AND LADY CURZON HOSPITAL, BANGALORE - 560001. 10. K V SREEDHARA S/O LATE K C VENKATAPPA, AGED ABOUT 37 YEARS, SENIOR LAB TECHNICAL OFFICER, BMCRI, BANGALORE-560002. 11. M N NANDEESH, S/O LATE NAGARAJAIAH AGED ABOUT 59 YEARS, SENIOR LAB TECHNICAL OFFICER, BMCRI, BANGALORE-560002. - 3 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR 12. NAGARAJU K M, S/O MUDDEGOWDA, AGED ABOUT 59 YEARS, SENIOR LAB TECHNICAL OFFICER, BMCRI, BANGALORE-560002. 13. JYOTHI RATHNA, W/O RAVICHANDRA B, AGED ABOUT 56 YEARS, SENIOR LAB TECHNICAL OFFICER, BMCRI, BANGALORE-560002. 14. LEELAMBHA KKT D/O THRINESHAIAH, AGED ABOUT 59 YEARS, SR.LAB TECHNICAL OFFICER, VICTORIA HOSPITAL, BMCRI BANGALORE-560001. 15. B T BASAVARAJAPPA, W/O LATE THIMMEGOWDA, AGED ABOUT 57 YEARS, SR. LAB TECHNICAL OFFICER, VICTORIA HOSPITAL, BMCRI BANGALORE-560001. 16. SULOCHANA H P, W/O SEENAPPA K, AGED ABOUT 59 YEARS, SR.LAB TECHINICAL OFFICER, VICTORIA HOSPITAL, BMCRI BANGALORE-560001. 17. MAMATHA B P W/O ARUNBABU, AGED ABOUT 47 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 18. SEEMA N D W/O PRAKASH H S AGED ABOUT 48 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. - 4 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR 19. JULIEMARIA R W/O MOHAMMED ATHAVULLA, AGED ABOUT 49 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 20. RATHIKUMAR BP W/O ASHOK KV AGED ABOUT 54 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 21. MALATHI U V W/O SHIVARAJU B T AGED ABOUT 54 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 22. TAMIL SELVI P, W/O S B ANTHONY, AGED ABOUT 59 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 23. NAGARATHANA S W/O LATE N KESHAVAMURTHY, AGED ABOUT 41 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 24. NAINA W G W/O MOHAN K D, AGED ABOUT 55 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 25. D P BHARATHI, D/O D PARAMESHWARAPPA, AGED ABOUT 54 YEARS, NURSING OFFICER, GOSHA HOSPITAL, - 5 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR SHIVAJINAGAR, BANGALORE-560051. 26. RAMYA A S W/O SURESH BABU D M AGED ABOUT 37 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 27. REJITHA M K W/O IRFAN PASHA, AGED ABOUT 50 YEARS, JUNIOR LAB TECHNICIAN, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051.
Legal Reasoning
28. THRIVENI L W/O SRINATH N, AGED ABOUT 40 YEARS, JUNIOR LAB TECHNICIAN, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 29. S VETRISELVI, W/O LATE R SARAVANA, JUNIOR LAB TECHNICIAN, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 30. NAGAMANI C J D/O CHENGAPPA, AGED ABOUT 46 YEARS, NURSING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, JUNIOR LAB TECHNICIAN, BANGALORE-560051. 31. B R GIRIJAMMA W/O SIDDANNA A, AGED ABOUT 48 YRS, SR. PHARMACY OFFICER, JUNIOR LAB TECHNICIAN, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. - 6 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR 32. DHANALAKSHMI P K W/O JAYAKUMAR M J AGED ABOUT 53 YRS, NURSING OFFICER, JUNIOR LAB TECHNICIAN, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 33. HARINI G P W/O POONACHHA K T AGED ABOUT 54 YEARS, NURSING OFFICER, JUNIOR LAB TECHNICIAN, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 34. HASIN TAJ, W/O MUNIR AHAMAD, AGED ABOUT 41 YEARS, JR. MEDICAL IMAGING OFFICER, GOSHA HOSPITAL, SHIVAJINAGAR, BANGALORE-560051. 35. H S PRASANNA KUMAR S/O SIDDEGOWDA, AGED ABOUT 53 YEARS, FIRST DIVISION ASSISTANT, MINTO HOSPTIAL, BMCRI, BANGALORE-01. (BY SRI. SREEDHAR K., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, M S BUILDING, 4TH GATE, 6TH FLOOR, BANGALORE - 560001. …PETITIONERS 2. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, 1ST FLOOR, BANGALORE - 560001. - 7 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR 3. THE COMMISSIONER OF HEALTH AND FAMILY WELFARE SERVICE AROGYA SOUDHA, MAGADI ROAD BANGALORE - 560023. 4. THE DIRECTOR OF MEDICAL EDUCATION OLD BMCRI BUILDING, K R ROAD, BANGALORE - 560002. 5. THE DEAN AND DIRECTOR BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, K R ROAD, FORT, BANGALORE - 560002. 6. THE DEAN AND DIRECTOR ATAL BIHARI VAJPAYEE MEDICAL COLLEGE AND RESEARCH INSTITUTE, SHIVAJINAGAR, BANGALORE - 560001. (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA FOR R1 TO R4) …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SET ASIDE THE ORDER DATED 14.05.2025 IN APPLN NO.2219-2253/2025 VIDE ANNEXURE-A PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND GRANT THE PRAYER MADE IN THE APPLICATION FOR INTERIM STAY OF THE STAYING IMPUGNED ORDER DATED 07.05.2025 BEARING NO. AAKUKA-34-MSN-2025 BANGALORE DATED 07.05.2025 DATED VIDE ANNEXURE-A9 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF - 8 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR ORAL ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) Petitioners, working in various Autonomous Medical Institutions in the State of Karnataka are before this Court questioning the order dated 14.05.2025 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘Tribunal’) in Application Nos.2219-2253/2025 by which, the interim prayer of the petitioners to stay the O.M., dated 07.05.2025, Government directions to relieve the officials of the Health and Family Welfare Department who are working elsewhere on deputation for more than five years is rejected. 2. Heard learned counsel Sri.Shreedhar.K., for petitioners at length and learned Additional Advocate General Sri.Reuben Jacob along with learned Additional Government Advocate Sri.V.Shiva Reddy for respondent Nos.1 to 4. Perused the entire writ petition papers. - 9 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR 3. The petitioners are before this Court questioning the interim order whereby their interim prayer to stay Annexure-A9, Government order dated 07.05.2025 is rejected. The State in Health and Family Welfare Department has directed to relieve all officials belonging to the Health and Family Welfare Services Department who are on deputation for more than five years. It is a general order and no order repatriating the petitioners to their parent department i.e., Health and Family Welfare Department is passed and consequential relieving order is also not passed. 4. Learned counsel Sri.Shreedhar.K., would submit that if the Government order dated 07.05.2025 is not stayed, it would affect public interest and also it would affect the Medical Colleges and the students therein. If the Professors working in the Medical Colleges are repatriated, the strength of the teaching staff would reduce, which would result in de-recognition of the Institutions. - 10 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR 5. It is for the State to see that the strength of the teaching staff is maintained in the State Medical Colleges. 6. Learned Additional Advocate General Sri.Reuben Jacob appearing on behalf of the State on 29.05.2025 has made a submission that State is in the process of identifying the persons who have completed five years on deputation and the same is under process as on that day. 7. The contentions raised by the petitioners questioning the Government Order cannot be gone into by this Court at this interim stage. It is for the Tribunal to examine the Government Order on its merit. 8. When there is no order against the applicants for cancellation of their deputation, it would be premature to pass any order directing not to transfer or not to repatriate the petitioners. When any order of repatriation or relieving the petitioners is passed, it would be open for - 11 - NC: 2025:KHC:18598-DB WP No. 14982 of 2025 HC-KAR the petitioners to challenge the same pointing out the illegality or irregularity in the order to be passed by the State. 9. In view of the above, we do not find any error in the order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 20