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High Court of Karnataka · body

2025 DAILYLAW 15194 (KAR)

DR SUBINDH G B v. THE STATE OF KARNATAKA

WP/2222/2025 · 2025-02-07

K Somashekar, Venkatesh Naik T

body2025

Judgment text

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- 1 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO. 2222 OF 2025 (S-KSAT) BETWEEN: 1. DR SUBINDH G B S/O DR.BORE GOWDA AGED ABOUT 53 YEARS WORKING AS MEDICAL OFFICER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AS MEDICAL OFFICER GHSIS GOSHA HOSPITAL SHIVAJINAGAR,BENGALURU R/AT NO.3901,NEWDHOBHI GHAT BANASHANKARI 2ND STAGE, BENGALURU. 2. DR.MOHAN KUMAR S.L. S/O LATE LAKSHMAIAH S.T., AGED ABOUT 54 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AS CIVIL SURGEON BOWRING AND LADY CURZON HOSPITALS BENGALURU-560 001 R/AT NO.240, II BLOCK, III STAGE 3RD 'C' CROSS, BASAVESHWARNAGAR BENGALURU-560 079. 3. DR.RAVISHANKAR B.M. S/O A.CHIKKAMUNIYAPPA AGED ABOUT 57 YEARS Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 WORKING AS SENIOR SPECIALIST (GENERAL MEDICINE) HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VANIVILASHOSPITAL, BENGALURU R/AT NO.2271, 4TH CROSS 5TH MAIN, RPC LAYOUT VIJAYANAGAR II STAGE BENGALURU-560040. 4. DR.VADIRAJ B.POKKAN S/O LATE BABURAOPOKKAN AGED ABOUT 58 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING AND LADY CURZON HOSPITAL BENGALURU R/AT NO.22, RENUKA RESIDENCY 7TH MAIN, HOYSAL NAGAR RAMAMURTHYNAGAR BENGALURU-560 016. 5. DR.RAJALAKSHMI.N, W/O SAN JAY VENUGOPAL AGED ABOUT 50 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU R/AT NO.1258/1, 7TH CROSS BEHIND ICICI BANK, CHANDRA LAYOUT BENGALURU. 6. DR.MANASA.S D/O DR.SIDDALINGAIAH AGED ABOUT 40 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO - 3 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU R/AT NO.398, 'BANAVASI' 4TH CROSS, 43RD MAIN IDEAL HOMES, R.R.NAGAR, BENGALURU. 7. DR.SANTOSH H.R. S/O RAJAPPA R.B. AGED ABOUT 47 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF ORTHOPEDICS 'B' BLOCK, VICTORIA HOSPITAL BENGALURU-560 002 R/AT NO.2032/105 SIR M.VISHWESWARAIAH LAYOUT 5TH BLOCK, BENGALURU-560010. 8. DR.SURESH K.S S/O SHADAKSHARAPPA AGED ABOUT 53 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING HOSPITAL, BENGALURU R/AT NO.47, 1ST MAIN 1ST CROSS, NBK LAYOUT HEBBAL, BENGALURU. 9. DR.USHA B.R. D/O RANGANNA B.S., AGED ABOUT 46 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU R/AT NO.51/2, 1ST CROSS 10TH MAIN, SARAKKI GATE KANAKAPURA MAIN ROAD - 4 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 J.P.NAGAR, 1ST PHASE BENGALURU-560078. 10. DR. AYAS AHMED S/O NISAR AHMED AGED ABOUT 42 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING AND LADY CURZON HOSPITAL BENGALURU R/AT NO.15/16, 2ND CROSS AMC ROAD, SHEMPARA KAVALBYRASANDRA, R.T.NAGAR POST BENGALURU. 11. DR.SUMA K.S., D/O K.B.SINGE GOWDA AGED ABOUT 49 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF OBG VANIVILAS HOSPITAL R/AT NO.43, 7TH CROSS I MAIN ROAD, CANARA BANK COLONY CHANDRA LAYOUT BENGALURU-560 040. 12. DR.PRASHANTH. H.K. S/O H.K.HOMBALE GOWDA AGED ABOUT 54 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF PEDIATRICS VANIVILAS HOSPITAL BMCRI, BENGALURU-560 002 R/AT NO.523, 19TH CROSS 1ST BLOCK, NARAYAN NAGAR - 5 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 DODDAKALLASANDRA BENGALURU-560 062. 13. DR.PRABHAVATHI. C.N. D/O NAGARAJU AGED ABOUT 53 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF OBG, VANIVILAS HOSPITAL BMCRI, BENGALURU-560 002 R/AT NO.523, 19TH CROSS 1ST BLOCK, NARAYAN NAGAR DODDAKALLASANDRA BENGALURU-560 062. 14. DR.POORNIMA R.N. D/O M.R.NARAYANA SWAMY AGED ABOUT 49 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AT VICTORIA HOSPITAL K R MARKET, BANGALORE R/AT NO.52, BELAKU, 4TH CROSS NAVODHAYA NAGAR, J.P.NAGAR 7TH PHASE BENGALURU-560 078. 15. DR.BALAJI. H, S/O HANUMANTHARAYAPPA.S AGED ABOUT 53 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING AND LADY CURZON HOSPITAL SABVMCRI, SHIVAJINAGAR BENGALURU-560 001 R/AT NO.24, LAKSHMI NILAYA VIRUPAKSHAPURA, KODIGEHALLI BENGALURU-560 097. - 6 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 16. DR.HEMALATHA .P W/O MANJUNATHA SWAMY BM AGED ABOUT 49 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT GHSIS GOSHA HOSPITAL BENGALURU R/AT NO.2200, 3RD 'B' MAIN 5TH CROSS, 2ND STAGE VIJAYANAGAR, BENGALURU-40. 17. DR.KAVITHARANI.A W/O S.KUMARAN AGED ABOUT 52 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT HSIS GOSHA HOSPITAL SHIVAJINAGAR, BENGALURU R/AT NO.100/1, BULL TEMPLE ROAD K.G.NAGAR, BENGALURU-560 019. 18. DR.SURESH.M S/O D.MANOGARAN AGED ABOUT 53 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING HOSPITAL SAVMCRI, BENGALURU-560 001 R/AT NO.1, 2ND MAIN 1ST CROSS, R.R.LAYOUT VIJINAPURA, BENGALURU-560 016. …PETITIONERS (BY SRI. VIJAYA KUMAR - ADVOCATE) - 7 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, AROGYA SOUDHA MAGADI ROAD BENGALURU-560 023. 3. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY MEDICAL EDUCATION DEPARTMENT VIKASA SOUDHA BENGALURU-560 001. 4. THE DEAN AND DIRECTOR BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU-560002. 5. THE SUPERINTENDENT BANGALORE VICTORIA HOSPITAL SHIVAJINAGAR BANGALORE.-560051. 6. THE SUPERINTENDENT VANI VICTORIA HOSPITAL SHIVAJINAGAR BANGALORE.-560051. 7. THE PRINCIPAL GOVERNMENT DENTAL COLLEGE BENGALURU.-560002. 8. THE DEAN AND DIRECTOR SRI ATAL BIHARI VAJPAI MEDICAL COLLEGE AND RESEARCH INSTITUTE - 8 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 SHIVAJINAGAR BENGALURU-560001. 9. THE SUPERINTENDENT GOVERNMENT HSIS GOSHA HOSPITAL BENGALURU-560005. 10. THE DIRECTOR REGIONAL INSTITUTE OF OPTHALMOGY MINTO EYE HOSPITAL BENGALURU-560002. 11. DR.SHANTHAKUMAR.A. S/O AYAPPA AGED ABOUT 58 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT GOVT HSIS GOSHA HOSPITAL, R/AT NO.10/16, I MAIN CHIKKAADUGODI,DRC POST BENGALURU-560 029. …RESPONDENTS (BY SRI. B RAVINDRANATH–AGA FOR RESPONDENTS NO.1-10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 24/01/2025 PASSED BY THE HON’BLE TRIBUNAL IN APPLICATION NOS. 233-251/2025 (VIDE ANNEXURE-A). THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T - 9 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This writ petition is filed by the petitioners challenging the order passed by the Karnataka State Administrative Tribunal in A.Nos.233-251/2025 dated 24.01.2015 vide Annexure-A. 2. Learned counsel Sri Vijaya Kumar for the petitioners is present before the Court physically inclusive of learned AGA for respondent Nos.1 to 10. 3. It is the contention of counsel for the petitioners that the petitioners while working on deputation in the various autonomous institutions, were sought to be repatriated to their parent department by the impugned order dated 21.1.2015 without following the procedure. No prior consultation was made either from the borrowing authority or from the petitioners before repatriating their services. He further submits that proceedings before the Tribunal is pending and it is slated on 05.02.2025. 4. The petitioners/applicants who were appointed as General Medical Officer/Dental Health Officer in the second - 10 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 respondent Department were sent on deputation to the autonomous institution/research centers, which were under the control of third respondent and the deputation made was in public interest and the interest of the institution. Though their deputation period has completed three years, they were continued on deputation in view of their services being required in the institution which is evident from the communication made by the respective Department Heads. These are all the facts stated in the writ petition. 5. However, keeping in view the submission made by learned counsel for the petitioners and so also, learned AGA, it is relevant to refer the order sheet of the Tribunal in A.Nos.233-251/2025 wherein the Tribunal has observed that, “therefore, after perusal of the entire materials, we are of the considered view that it is not a fit case for grant of ex-parte stay, dispensing notice under Section 24 of the Administrative Tribunal Act, 1985. Prior notice has to go to the respondent.” The case came to be adjourned to 05.02.2025. - 11 - NC: 2025:KHC:5574-DB WP No. 2222 of 2025 6. However, the grounds urged in this writ petition are required to be addressed in the proceedings which are pending before the Tribunal. Therefore, it is deemed appropriate to state that it does not arise for dwelling into detail in this matter and the writ petition is having no substance seeking interference as sought for by the petitioners since the proceedings are pending before the Tribunal for adjudication. However, keeping in view the submission made by learned counsel for the petitioners, it is deemed appropriate to direct the Tribunal to expedite the matter by giving opportunity to the both the parties. With the above observation, the writ petition is disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB