MR.MAHANTESH GOUDAPPA BHAVIKATTI vs. THE STATE OF KARNATAKA
What did the High Court hold?
The High Court allowed the writ petitions, quashing the impugned government order dated 06.06.2017. It directed the state government not to transfer or promote existing staff from the Department of Health and Family Welfare to medical colleges.
What were the facts?
Petitioners, nursing staff in government medical institutions, challenged government orders and circulars that permitted promotions and transfers from the Department of Health and Family Welfare to medical colleges. They sought retrospective promotions with consequential benefits.
What were the issues?
The primary issue was the validity of government orders allowing inter-departmental transfers and promotions affecting the petitioners' promotion prospects. The court also considered the petitioners' right to promotion based on seniority lists.
Which sections of the Income-tax Act were involved?
Articles 226 & 227
AI-generated summary — verify with the full judgment below
Heard together (4 matters)
Read from the judgment's own cause title. This page is filed under one of them.
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WP No.147659 of 2020 C/W WP No.147502 of 2020, WP No. 147606 of 2020, WP No. 147778 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF NOVEMBER, 2022 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 147659 OF 2020 (S-PRO) C/W WRIT PETITION NO. 147502 OF 2020 WRIT PETITION NO. 147606 OF 2020 WRIT PETITION NO. 147778 OF 2020
IN WP NO.147659/2020 BETWEEN:
SHRI.SHIVANAND H. HAONAKERI AGE: 36 YEARS, OCC: NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, R/O: HOUSE NO.49, 1ST MAIN ROAD, SHIRUR PARK, VIDYA NAGAR, HUBBALLI-580031, DHARWAD DISTRICT.
SHRI.BASAVARAJ POOJARI AGE: 37 YEARS, OCC: NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, R/O: H.NO.2, BLOCK NO.2, CLASS "C" QUARTERS, OPP: PAI HOTEL, VIDYA NAGAR, HUBBALLI-580022, DIST: DHARWAD.
SHRI.BASAVARAJ S/O HOLIBASAPPA AGE: 38 YEARS, OCC: NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, R/O: BASAVARAJ H., M.N. QUARTERS, OPP: HANUMANT TEMPLE, KIMS CAMPUS, VIDYA NAGAR, HUBBALLI-580021, DHARWAD DISTRICT.
SHRI.SHREEKANT S/O CHANNAPPA YAKKUNDI AGE: 36 YEARS, OCC: NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI,
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R/O: S/O CHANNAPPA YAKKUNDI, LIG 308, 11TH CROSS, NAVANAGAR, HUBBALLI-580025, DHARWAD DISTRICT.
SMT.SHAILAJA NAIK AGE: 36 YEARS, OCC: STAFF NURSE, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, R/O: H.NO.16/16, 3RD BLOCK, KIMS QUARTERS, HUBBALLI-580021, DHARWAD DISTRICT.
SHRI.SUNEELKUMAR S/O SIDRAMAPPA GAJNAL AGE: 43 YEARS, OCC: HURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBBALLI, R/O: C/O. T.G. SHET, 2ND CROSS, OLD INCOME TAX OFFICE ROAD, VIDYA NAGAR, HUBBALLI-580021, DHARWAD DISTRICT. …PETITIONERS
(BY SRI. A S PATIL & SRI. SABEEL AHMAD, ADVOCATES)
AND: 1. The State of Karnataka Represented by its Secretary to the Department of Medical Education Vikas Soudha, Bengaluru-560001
The State of Karnataka, Represented by its Secretary to the Department of Health and Family Welfare Services, M.S. Building, Dr. B.R. Ambedkar Veedhi, Bengaluru-560001.
The Director of Health and Family Welfare Services Department, Anand Rao Circle, Bengaluru-560001
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The Director of Medical Education, Anand Rao Circle, Bengaluru-560001
The Karnataka Institute of Medical Sciences, (KIMS), Hubballi,580024 Dist: Dharwad Represented by its Director,
The Chief Administrative Officer, Health and Family Welfare Services Department, Anand Rao Circle, Bengaluru-560001.
Leela W/o. Ashok Muniyappanavar, Age: 56 years, Occ: R/o. # 6, KIMS Quarters, Vidyanagar, Hubballi-580023 Tq: Hubballi, Dist: Dharwad.
Annapurna D/o. Gudappa Ghantisiddappanvar, Age: 50 years, Occ: Principal at Nursin College KIMS, R/o. # 34/1, KIMS Quarters, Near Maruti Mandir, Hubballi-580021 Tq: Hubballi, Dist: Dharwad.
Hanumanthappa S/o. Basavaraj Ramadurg, Age: 50 years, Occ: R/o. # 15, KIMS Quarters, Vidyanagar, Hubballi-580024 Tq: Hubballi, Dist: Dharwad
Pushapalata W/o. Gangappa Sandimani, Age: 55 years, Occ: R/o. # 89/b, Gokul Road, Akshay Park, Priyadarshini Colony, Navalli Plot, Hubballi-580030, Tq: Hubballi, Dist: Dharwad.
Raveesh S/o. Umapathi Kumar, Age: 50 years, Occ: R/o. # 16, 4th Block, KIMS Quarters, Vidyanagar,
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Hubballi-580023, Tq: Hubballi, Dist: Dharwad.
Hanna Michael Naikar, Age: 56 years, Occ: Staff Nurse, R/o. # 12/A, Arvindnagar, Karwar Road, Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
S. Rukmini W/o. Prabhakaran, Age: 50 years, Occ: Staff Nurse, R/o. # 34/1, KIMS Quarters, Vidyanagar, Near Maruti Mandir, Hubballi-580021, Tq: Hubballi, Dist: Dharwad.
Arulmazhi R. W/o. K. Sudhakar, Age: 50 years, Occ: Staff Nurse, R/o. # Goods Shed Road, Hubballi-580020, Tq: Hubballi, Dist: Dharwad.
Nelavva D/o. Bhimappa Kagadal, Age: 56 years, Occ: Staff Nurse, R/o. H. No. 5, Tenginkai Chawl, Tippu Nagar, Old Hubballi, Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Sunanda D/o. Basavantappa Halagatti,, Age: 53 years, Occ: Staff Nurse, R/o. H. No. 25, 2nd Floor, Behind Amrut Talkies, Vidyanagar, Hubballi-580021, Tq: Hubballi, Dist: Dharwad
Kalpana Lingaraj, Age: 58 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Girija Shivanand Jadar, Age: 60 years, Occ: Nursing Officer
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Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Shardha Samuel, Age: 58 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Josphinie John Pereir, Age: 59 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Jayashree Dasharath Shireke, Age: 50 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Geeta Arjunappa Malwade, Age: 56 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Shakuntala R. Ankolekar, Age: 60 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad. 24. K. Vijaykumari, Age: 56 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
Therasa S. Audin, Age: 57 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad.
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Sunanda G. REvanakar, Age: 59 years, Occ: Nursing Officer Karnataka Institute of Medical Sciences, R/o. Hubballi-580024, Tq: Hubballi, Dist: Dharwad. …RESPONDENTS (BY SRI. V.S.KALASURMATH, HCGP FOR R1-R4 and R6 SRI. SHIVASAI M.PATIL, FOR R7 TO R16 SRI. MAJUNATH KARIGANNAVAR & SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R17 TO R26 SRI. G.B.PATIL, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUSHING THE IMPUGNED OFFICE ORDER DATED 04.12.2017 ISSUED BY THE RESPONDENT NO.5 AS PER ANNEXURE-E IN SO FAR AS THE PETITIONERS NO.1 TO 4 ARE CONCERNED. II) WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED OFFICE ORDER DATED 06.06.2017 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-G AND THE IMPUGNED CIRCULAR DATED 19.02.2020 ISSUED BY THE RESPONDENT NO.3 AS PER ANNEXURE-K AND THE IMPUGNED CIRCULAR DATED 12.08.2020 ISSUED BY THE RESPONDENT NO.6 AS PER ANNEXURE-N IN SO FAR AS THE PETITIONER ARE CONCERNED. III) WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO GIVE THE PROMOTIONS TO THE PETITIONERS FROM THE POST OF STAFF NURSE/NURSING OFFICE TO THE POST OF SENIOR STAFF NURSE/SENIOR NURSING OFFICER AND TO THE NEXT HIGHER CADRES WITH RETROSPECTIVE EFFECT AND WITH ALL CONSEQUENTIAL BENEFITS BY OPERATING THE SENIORITY LIST OF THE CONCERNED CADRE PREPARED AND PUBLISHED BY THE RESPONDENT NO.5.
IN W.P. NO.147502/2020
BETWEEN:
SRI.BASAVARAJ S/O SHANKAR HUKKERI AGE: 36 YEARS, OCC: NURSING STAFF, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI, R/O: WARD NO.3,
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MANIK SHATTI GALLI, MUDHOL, DIST: BAGALKOTE-587313.
SRI.NAMADEV KALLAPPA MALAGI AGE: 35 YEARS, OCC: NURSING STAFF, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI, R/O: PLOT NO.8, SHIVASHATHI COLONY RAMATEERTHNAGAR, BELAGAVI DISTRICT BELAGAVI-590016.
SRI.PRAKASH DUNDAPPA KODLI AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.SHIVANAND BASAPPA GEJJI AGE: 42 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.KIRAN SHIVAPPA NAIK AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.MAJIT HUSSAINSAB HAWALDAR AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.SATEESH G K GULAPPA AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.RAMESH MARUTI JAYANNAVAR
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AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.SHASHIPAL MALA SHINGE AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.RAMACHANDRA BALABHEEMARAO KULKARNI AGE: 41 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.TRUPTI DATTARAM NAIK AGE: 38 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SHILPA BASAV NAIK AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SHILPA GANAPATHI NAIK AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.RAJASHWARI VISHWANATH BISTANNAVAR AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.RAJASHREE CHANDRAKANT AGASAR AGE: 35 YEARS, OCC: STAFF NURSE,
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BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.RENUKA DURGAPPA NAIKAR AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SAVITA BAPU KADAM AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.MANJULA MALLAPPA NAGRESHI AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.MAMATHA RAMAPPA AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SUJATA SHIDRAMAPPA KURI AGE: 39 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.RESHMA RAMAKRISHNA TAMSE AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SAVITA RUDRAPPA KARAMALLAVAR AGE: 34 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
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SMT.GEETA VALMEEK TALAWAR AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.ASHOKKUMAR HANAMANT GALABHI AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SHILA BHIMARAO BUDAVI AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SANGEETHA SHIVALING BAJANTRI AGE: 38 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.SEEMA PARESH JADHAV AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.ANNAPURNA MUKUND BORAGAVE AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.RIJWAN MAHABOOBSAB HAMSAGAR AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.MALLAWWA IRABASAPPA KADESHANAVAR
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AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.VINOD HIRMANI KAMBLE AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.KAVITA DURVAS NAIK AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.RENUKA SADASHIVA KAMBLE AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.BHAVANI SHANKAR HARIKANT AGE: 35 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.RAJASHREE CHANDRAHAS KALAGUTTAKAR AGE: 34 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.PRATIBA ASHOK KAMATE AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.PRABHAVATHI SHIKANT ANGADI AGE: 35 YEARS, OCC: STAFF NURSE,
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BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.PRABHAVATHI BHASKAR HIREMANI AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.VITTAL P BADAGI AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SMT.CHANDRAKALA BASAPPA BIRADAR AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001.
SRI.NINGAPPA S SANKAL AGE: 36 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-590001. …PETITIONERS (BY SRI. H M DHARIGOND, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO THE DEPARTMENT OF
MEDICAL EDUCATION,
VIKAS SOUDHA,
BENGALURU-560001.
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO THE DEPARTMENT OF
HEALTH AND FAMILY WELFARE SERVICES,
M.S. BUILDING,
DR.B.R. AMBEDKAR VEEDHI,
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BENGALURU-560001.
THE DIRECTOR
OF HEALTH AND FAMILY WELFARE
SERVICES DEPARTMENT,
ANAND RAO CIRCLE,
BENGALURU-560001.
THE DIRECTOR
OF MEDICAL EDUCATION,
ANAND RAO CIRCLE,
BENGALURU-560001.
THE DIRECTOR
THE BELAGAVI INSTITUTE OF MEDICAL SCIENCES,
(BIMS), BELAGAVI,
DIST: BELAGAVI-590001.
THE CHIEF EXECUTIVE OFFICER
THE BELAGAVI INSTITUTE OF MEDICAL SCIENCES,
(BIMS), BELAGAVI,
DIST: BELAGAVI-590001.
CHANDRALAEKHA H.KULKARNI,
AGE: 59 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
VINITA B.RUBDY,
AGE: 60 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
KAMALA D TAPTE,
AGE: 59 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
ANASUYA SHANKAR MYAGOTI,
AGE: 58 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
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OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
ANASUYA S.MATHAPATI,
AGE: 58 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
VAIJAYANTHIMALA J.KULKARNI,
AGE: 59 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
GLADIS L.KASTURI,
AGE: 54 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
RADHA R RAJPUT,
AGE: 52 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
CHANDBI GOUS KAKAR,
AGE: 52 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
MEGHA KAMBLE,
AGE: 53 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
ANJANA V MULE,
AGE: 53 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
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SAVITRI DESHAPNDE,
AGE: 59 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
P. REVANAMMA,
AGE: 57 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
SUJAHA JAMES BATHULA,
AGE: 59 YEARS, OCC: NURSING OFFICER,
PRESENTLY WORKING IN BELAGAVI INSTITUTE
OF MEDICAL SCIENCES HOSPITAL,
BELAGAVI-590001.
…RESPONDENTS.
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R4 SRI. K.S.PATIL, ADVOCATE FOR R5 & R6 SRI. MANJUNATH KARIGANNANAVAR, ADVOCATE FOR R7 TO R20)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER BEARING No.Aa.Ku.Ka.293CGM 206 (Bha-1) Bengaluru dated 06.06.2017 ISSUED BY THE 1ST RESPONDENT VIDE ANNEXURE-J AND CIRCULAR NO.NRS(2)/396/19-20 DATED 19.02.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-S INSOFAR AS IT RELATES TO GRANTING POWER TO THE 1ST RESPONDENT TO FILL UP THE VACANCIES AVAILABLE IN THE 5TH RESPODNENT INSTITUTION AND SET ASIDE THE SAME. AND ETC.
IN W.P. NO.147606/2020
BETWEEN
MR.MAHANTESH GOUDAPPA BHAVIKATTI AGE:37 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCE DHARWAD R/O: C/O MANJUNATH B KAMATI KUSUGAL PLOT, VIJAYANAGAR ROAD, BANASHREE NAGAR,
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D N KOPPA, DHARWAD-580008
MRS. ANITHA G B W/O SHREEDHAR G M AGE:34 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DHARWAD R/O: H.NO.01, 1ST FLOOR DIMHANS QUARTERS, NARAYANPUR, DHARWAD-580008
MR. PRASHANT S/O LATE SANGANABASAPPA BEVOOR AGE:32 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DHARWAD R/O: C/O: NEELAMMA BEVOOR, H.NO.129, WARD NO D.10, OPPOSITE DURGA VIHAR, STATION ROAD, BAGALKOT-587101
SRI. MUHJAMMAZUBERS S/O BASHASAB BADAMI AGE:32 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DHARWAD R/O: CTS NO.115/1C, WRD NO.1, AASAR GALLI KILLA, BAGALKOT-587101
SRI. AYUBKHAN NN S/O NIJAMKHAN AGE:37 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DHARWAD R/O: C/O:L BASHIRAHAMOD SANGREJKOPPA, NO.15, DOUBLE ROAD, D N KOPPA, SAMPIGE NAGAR, DHARWAD-580008
MRS. P GIRIJA MANOGARI W/O PRAMOD V MANGALORE, AGE:38 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DHARWAD R/O: NO,.46-A, KALYAN NAGAR, HUBBALLI,
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DISTRICT: DHARWAD-580023
MRS. DELIMA D W/O PAWANKUMAR S AGE:39 YEARS, OCC: NURSING OFFICER DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DHARWAD R/O: NO.4, D BLOCK, DIMHANS STAFF QUARTERS, NARAYANPUR DHARWAD-580008
…PETITIONERS
(BY SRI. H.M.DHARIGOND & SANGEETA F.KALLIMANI, ADVOCATES)
AND
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF MEDICAL EDUCATION, VIKAS SOUDHA, BENGALURU-560001
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, M.S. BUILDING, BENGALURU-560001
THE DIRECTOR, HEALTH AND FAMILY WELFARE, SERVICES DEPARTMENT, ANAND RAO CIRCLE, BENGALURU-560001
THE DIRECTOR MEDICAL EDUCATION, ANAND RAO CIRCLE, BENGALURU-560001
THE DIRECTOR DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES
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P.B. ROAD, DHARWAD-580008
THE CHIEF EXECUTIVE OFFICER, DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES P.B. ROAD, DHARWAD-580008
PARVATHI KENGANNUR, AGE: 53 YEARS, OCC: NURSING OFFICER WORKING IN DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIEINCES, P.B.ROAD, DHARWAD-580008.
GAYATRI BHOSLE, AGE: 56 YEARS, OCC: NURSING OFFICER WORKING IN DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIEINCES, P.B.ROAD, DHARWAD-580008.
SHANTMARY BALMI, AGE: 58 YEARS, OCC: NURSING OFFICER WORKING IN DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIEINCES, P.B.ROAD, DHARWAD-580008.
SHRIDHAR KULKARNI, AGE: 54 YEARS, OCC: NURSING OFFICER WORKING IN DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIEINCES, P.B.ROAD, DHARWAD-580008.
PUSHPA B.UPPAR, AGE: 59 YEARS, OCC: NURSING OFFICER WORKING IN DHARWAD INSTITUTE OF MENTAL HEALTH AND NEURO SCIEINCES, P.B.ROAD, DHARWAD-580008.
JAMEELA F.SHAIKH, AGE: 59 YEARS, OCC: NURSING OFFICER WORKING IN DISTRICT HOSPITAL, DHARWAD-580008.
RATHNA S.HAROBELAVADI, AGE: 54 YEARS, OCC: NURSING OFFICER
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WORKING IN DISTRICT HOSPITAL, DHARWAD-580008.
PREMAKUMARI, AGE: 58 YEARS, OCC: NURSING OFFICER WORKING IN DISTRICT HOSPITAL, DHARWAD-580008.
SAROJINI S.PILLAI, AGE: 55 YEARS, OCC: NURSING OFFICER WORKING IN DISTRICT HOSPITAL, DHARWAD-580008.
…RESPONDENTS.
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R4 SRI. SUNIL S.DESAI, ADVOCATE FOR R5 & R6 SRI. MANJUNATH KARIGANNANAVAR & SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATES FOR R7 TO R15)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER BEARING No.Aa.Ku.Ka.293CGM 206 (Bha-1) Bengaluru dated 06.06.2017 ISSUED BY THE 1ST RESPONDENT VIDE ANNEXURE-J AND CIRCULAR NO.NRS(2)/396/19-20 DATED 19.02.2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-S INSOFAR AS IT RELATES TO GRANTING POWER TO THE 1ST RESPONDENT TO FILL UP THE VACANCIES AVAILABLE IN THE 5TH RESPODNENT INSTITUTION AND SET ASIDE THE SAME. AND ETC.
IN W.P. NO.147778/2020
BETWEEN: 1. SHRI SHRIMANTARAYA S/O. SHRISHAILA UNNIBAVI AGE : 36 YEARS, OCC : NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022, DIST : DHARWAD
MISS.LAKKAVVA D/O.MARUTHI HOSATTI AGE : 31 YEARS, OCC : NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022, DIST : DHARWAD
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MANJUNATH S/O.KALLESHAPPA.K. AGE : 31 YEARS, OCC : NURSING OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022, DIST : DHARWAD
ARUNKUMAR S/O. NARASIMHA.H.S. AGE : 33 YEARS, OCC : STAFF NURSE, KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022 DIST : DHARWAD
ELIZABETHSUDHA .A.GOUDELLAR W/O. SUNILKUMAR GANJAL AGE : 37 YEARS, OCC : NURSING OFICER KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022, DIST : DHARWAD
SMT.SHAKEELABANU W/O. MOHAMMED RAFI ULLA AGE : 38 YEARS, OCC : NURSING OFICER KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022 DIST : DHARWAD
SHALINI T. C/O.SYLVESTER DSOUZA AGE : 31 YEARS, OCC : NURSING OFICER KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022 DIST : DHARWAD
RAJAPPA S/O. YALLAPPA REDDY AGE : 32 YEARS, OCC : NURSING OFICER KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022 DIST : DHARWAD
TIPPESWAMY S/O.JAYANNA AGE : 27 YEARS, OCC : NURSING OFICER KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022 DIST : DHARWAD …PETITIONERS (BY SRI. A S PATIL & SRI. SABEEL AHMED, ADVOCATES)
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AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF MEDICAL EDUCATION VIKAS SOUDHA, BENGALURU-560 001
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001
THE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ANAND RAO CIRCLE, BENGALURU-560 001
THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE, BENGALURU-560 001
THE KARNATAKA INSTITUTE OF MEDICAL SCIENCES (KIMS) HUBBALLI-580022, DIST : DHARWAD REPRESENTED BY ITS DIRECTOR.
THE CHIEF ADMINISTRATIVE OFFICER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT ANAND RAO CIRCLE, BENGALURU-560 001 …RESPONDENTS (BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R4 SRI. G.B.PATIL, ADVOCATE FOR R5 & R6)
THIS WP IS FILED PRAYING TO i.WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED GOVERNMENT ORDER DATED 06.06.2017 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-B AND THE IMPUGNED CIRCULARS DATED 12.02.2020 AND THE IMPUGNED CIRCULAR DATED 19.02.2020 ISSUED BY THE RESPONDENT NO.3 IN NO.Vaishi/SIBANDI/ 196/2019-20 AS PER ANNEXURE-D E RESPECTIVELY AND THE IMPUGNED CIRCULAR DATED 12.08.2020 ISSUED BY THE RERSPONDENT NO.6 AS PER ANNEXURE-G IN SO FAR AS PETITIONER ARE CONCERNED.
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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE / DELIVERED THE FOLLOWING:
ORDER
Since common issue is involved in these writ petitions and reliefs sought for are also same, they are taken up together and disposed of by this common order.
This writ petition is filed challenging the government order dated 06.06.2017 whereby permission was granted providing promotion to staff nurses working in the Department of Health and Family Welfare in autonomous medical institutions. The impugned government order was examined by a Co-ordinate Bench of this Court in W.P. No.6001/2020 and connected writ petitions and this Court by order dated 19.04.2022 allowed the writ petitions by quashing the impugned government order dated 06.06.2017. Therefore, these writ petitions also require to be disposed of in terms of the order passed in W.P. No.6001/2020 and connected writ petitions disposed of on 19.04.2022. Accordingly, I pass the following: ORDER i) The writ petitions are allowed.
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ii) The respondent-State Government is hereby directed not to transfer/promote any of the existing Staff Nurses or any other staff from the Department of Heal and Family Welfare to the Medical Colleges viz., BIMS, DIMHANS and KIMS.
iii) The State Government, Department of Medical Education is hereby directed to consider the representation submitted by the petitioners in the matter of creation of the required vacancies in the higher cadres of nursing staff and to consider the request of the petitioners for promotion to the higher posts of senor nursing Officers and pass necessary orders as expeditiously as possible within a period of three months from the date of receipt of certified copy of this order. iv) The impugned order dated 06.06.2017 is hereby quashed insofar it relates to State Government transferring/promoting the staff of the Department of Health and Family Welfare to the medical Colleges viz., BIMS, DIMHANS and KIMS. v) In the meanwhile, if some of the private respondents are already transferred to the aforesaid Medical
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Colleges, necessary orders shall be passed by the State Government to recall such transfers and post such respondents back in the Department of Health and Family Welfare.
In view of disposal of the petitions, pending I.As, if any, do not survive for consideration and the same stands disposed of accordingly.
Sd/- JUDGE
KMS List No.: 1 Sl No.: 38
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