Writ Petition No. 32426 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:17938 WP No. 32426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 32426 OF 2024 (S-RES) BETWEEN: 1. RADHA. L, W/O MANAHARA V.T., AGED ABOUT-33 YEARS, WORKING AS RBSK STAFF NURSE, AT TALUK HEALTH OFFICE, BAGEPALLI, CHIKKABALLAPUR DISTRICT-561207. R/AT YELLAMPALLI POST AND VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561207. 2. DR. SHAMEENA.S. W/O BABAJAN, AGED ABOUT-30 YEARS, WORKING AS RBSK OPHTHALMIC ASSISTANT, AT TALUK HEALTH OFFICE, BAGEPALLI, CHIKKABALLAPUR DISTRICT-561207. R/AT NO.405, 2ND PART, GULUR, CHIKKABALLAPUR DISTRICT-561207. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA 3. DR. AISHWARYA.S.N., D/O S.NAGENDRA GUPTA, AGED ABOUT 29 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, BAGEPALLI, CHIKKABALLAPUR DISTRICT-561207. R/O MARAGANAKUNTE VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT-561207. - 2 - NC: 2025:KHC:17938 WP No. 32426 of 2024 4. DR. RAJU CHAVAN, S/O TUKARAM CHAVAN, AGED ABOUT 30 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, BAGEPALLI, CHIKKABALLAPUR DISTRICT-561207. R/AT AGS COMPLEX, NEAR-MANASA HOSPITAL, DVG ROAD, BAGEPALLI, CHIKKABALLAPUR-DISTRICT-561207 YEWOOR TANDA, MARAGANAKUNTE VILLAGE, BAGEPALLI - TALUK, CHIKKABALLAPUR DISTRICT-561207
Legal Reasoning
5. SMT. SUNITHA.P.N. W/O SHIVANARAYANA S.L., AGED ABOUT 38 YEARS, WORKING AS RBSK STAFF NURSE, AT TALUK HEALTH OFFICE, GUDIBANDE, CHIKKABALLAPUR DISTRICT-561207, R/AT NO.215,SURAPALLI, MITTEMARI, CHIKKABALLAPURA DISTRICT-561207. 6. PRIYANKA.R, D/O S.RAVINARAYANA, AGED ABOUT 30 YEARS, WORKING AS RBSK OPHTHALMIC ASSISTANT, AT TALUK HEALTH OFFICE, GUDIBANDE, CHIKKABALLAPUR DISTRICT-561207. R/AT NO.401, NAGAGERE, GOWRIBIDANUR-TALUK, CHIKKABALLAPUR DISTRICT-561228. 7. DR.JYOTHI.S., D/O SIDDAIAH, - 3 - NC: 2025:KHC:17938 WP No. 32426 of 2024 AGED ABOUT 44 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, GUDIBANDE, CHIKKABALLAPUR DISTRICT-561207. R/AT NO.1027, 10TH C CROSS, 2ND STAGE, WEST OF CHORD ROAD, MAHALAXMIPURAM, BENGALURU NORTH-560086. 8. DR.RANGAVENI B GOWDA, W/O RAVINDRANATH V TODALABAGI, AGED ABOUT 38 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, GUDIBANDE, CHIKKABALLAPUR DISTRICT-561207 R/AT B BLOCK, BAPUJINAGAR, WARD NO.9, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT-561209. 9. SMT.ASHARANI W/O VENKATESH R, AGED ABOUT 36 YEARS, WORKING AS RBSK STAFF NURSE, AT TALUK HEALTH OFFICE, DEVANAHALLI, BENGALURU RURAL DISTRICT-562110. RESIDING AT CHANNAHALLI, BETTAKOTE, DEVANAHALLI-TALUK, BENGALURU RURAL DISTRICT-562129. 10. SMT.VEENA.M, W/O SANJU.T.D., AGED ABOUT 25 YEARS, WORKING AS RBSK OPHTHALMIC ASSISTANT, AT TALUK HEALTH OFFICE, DEVANAHALLI, BENGALURU RURAL DISTRICT-562129. - 4 - NC: 2025:KHC:17938 WP No. 32426 of 2024 …PETITIONERS R/A SROTHREYATHELLOHALLI, BENGALURU RURAL DISTRICT-562110 11. DR MANJUNATH.C S/O LATE CHIKKANNAIAH, AGED ABOUT 46 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, NELAMANGALA, BENGALURU RURAL DISTRICT-562123. R/AT NO.18, BABANNA LAYOUT, NEW-EXTENSION, MALLASANDRA, BENGALURU-560057. (BY SRI. R HEMANTH RAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, NL.105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU-560001. 2. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER NO.G.B-7, DISTRICT BHAVANA, PATRENAHALLI, CHIKKABALLAPUR DISTRICT-561207. 3. THE DISTRICT HEALTH AND FAMILY WELFARE SOCIETY NO.G.B-7, DISTRICT BHAVANA, PATRENAHALLI, CHIKKABALLAPUR DISTRICT-561207. REP BY ITS MEMBER SECRETARY. 4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, - 5 - NC: 2025:KHC:17938 WP No. 32426 of 2024 BENGALURU RURAL DISTRICT, NO.207, DISTRICT BHAVANA, BEERASANDRA, DEVANAHALLI-562110 BENGALURU RURAL DISTRICT. 5. THE DISTRICT HEALTH SOCIETY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BENGALURU RURAL DISTRICT, DISTRICT BHAVANA, BEERASANDRA, DEVANAHALLI-562110 BENGALURU RURAL DISTRICT. 6. THE DEPUTY DIRECTOR, RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 7. THE PROJECT DIRECTOR, RCH RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023 8. MISSION DIRECTOR, NATIONAL HEALTH MISSION, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. (BY SRI.SHIVAPRABHU.S. HIREMATH, AGA FOR R1 TO R4, R6 AND …RESPONDENTS R8. R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR BEARING NO. NHM/RBSK/04/2024-25(E-1433000) DTD. 11.09.2024 AS PER ANNX-P ISSUED BY R-6 AND THE IMPUGNED - 6 - NC: 2025:KHC:17938 WP No. 32426 of 2024 NOTICE BEARING NO. R.C.H.O/CHIPUR/N.H.M/117/2024-25 DTD. 04.11.2024 ISSUED BY THE R-2 AS PER ANNX-S AND T, IN SO FAR AS P-1 TO 8 IS CONCERNED BELONGS TO TALUK HEALTH OFFICE, BAGEPALLI AND TALUK HEALTH OFFICE GUDIBANDI, CHIKKABALAPUR DISTRICT, THE IMPUGNED NOTICE-2 BEARING NO.NHM/RCH/BR/RD-63/2024-25 DTD. 21.11.2024 ISSUED BY THE R-4 AS PER ANNX-U, IN SO FAR AS P-9 AND 10 IS CONCERNED BELONGS TO TALUK HEALTH OFFICE, DEVANAHALLI, BENGALURU RURAL DISTRICT AND NOTICE BEARING NO. NHM/RCH/BR/RD- 62/2024-25 DTD. 21.11.2024 ISSUED BY THE R-4 AS PER ANNX-V IN SO FAR AS P-11 IS CONCERNED BELONGS TO TALUK HEALTH OFFICE, NELAMANGALA, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged an order bearing No.NHM/RBSK/04/2024-25(E-1433000) dated 11.09.2024, issued by the respondent No.6, notice bearing No.R.C.H.O/CHIPUR/N.H.M/117/2024-25, dated 04.11.2024, issued by the respondent No.2, notice-2 bearing No.NHM/RCH/BR/RD-63/2024-25, dated 21.11.2024, issued by the respondent No.4 and notice No.NHM/RCH/BR/RD-62/2024- 25, dated 21.11.2024, issued by the respondent No.4, by which, the services of the petitioners were discontinued. - 7 - NC: 2025:KHC:17938 WP No. 32426 of 2024 2. The petitioners contend that they were appointed as BAMS Doctors, Ophthalmic Assistant, Ayush Doctors and Staff Nurse, under the Rashtriya Bal Swasthya Karyakram (henceforth referred to as 'RBSK' for short) floated by the National Rural Health Mission. The purpose of the scheme was to screen children below the age of eighteen for early detection, treatment and management of diseases through dedicated mobile health teams in every district. The petitioners were appointed on contract basis between 2013 and 2024 and have continued from then on. However, out of 430 mobile health teams that are working in the State, 24 mobile health teams were withdrawn from the districts where they were in excess and were redistributed to districts where there was shortage. The petitioners contend that the respondent No.4 had issued guidelines to identify the teams which did not perform well and to discontinue their services after giving them 30 days' notice. The petitioners contend that the respondents had arbitrarily reviewed their performance and had discontinued them by passing cursory orders. The petitioners are therefore before this Court challenging an order terminating their services. - 8 - NC: 2025:KHC:17938 WP No. 32426 of 2024 3. Learned counsel for the petitioners contended that the performance of the petitioners was not reviewed by taking into consideration the targets achieved and that whatever was considered was not based on the available data on Swasthya Kirana app. 4. Learned Additional Government Advocate after securing instructions submitted that the respondents have undertaken a fresh exercise to review the performance of all the employees' health teams in the State of Karnataka. He submits that the case of the petitioners will also be re- examined by considering the reports uploaded on Swasthya Kirana app and appropriate orders would be passed. He adds that such exercise will be done within a period of four weeks from the date of receipt of a copy of this order. 5. In view of the aforesaid submission, this petition is allowed. The impugned orders of termination and the consequent orders of notice issued are quashed. It is open for the respondents to review the performance of the petitioners and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this order. It is made clear that this court has not expressed any - 9 - NC: 2025:KHC:17938 WP No. 32426 of 2024 opinion on the merits of the case and the respondents may take a decision independently. It is needless to mention that any salary unpaid till the date of the termination of the petitioners shall be paid to them within a period of one month from the date of receipt of a copy of this order. 6. 7. All issues are kept open. In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand
Decision
disposed off. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 11