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2025 DAILYLAW 21593 (KAR)

SRI K D MADEGOWDA v. STATE OF KARNATAKA

WP/9972/2024 · 2025-02-03

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:4871 WP No. 9972 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 9972 OF 2024 (S-RES) BETWEEN: SRI K D MADEGOWDA S/O DESIGOWDA AGED ABOUT 53 YEARS, R/AT KAMMANAIKANAHALLI VILLAGE, TAGGAHALLI POST, KOTTATTI HOBLI MANDYA TALUK & DISTRICT-571401 WORKING AS PUBLIC RELATIONS OFFICE MANDYA INSTITUTE OF MEDICAL SCIENCE MANDYA. …PETITIONER (BY SRI. SHIVAKUMAR N., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) VIDHANA SOUDHA DR AMBEDKAR ROAD BENGALURU-560001. 2. THE DIRECTOR MANDYA INSTITUTE OF MEDICAL SCIENCE, DISTRICT HOSPITAL CAMPUS MANDYA-571401. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4871 WP No. 9972 of 2024 3. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYATH MANDYA-571401. …RESPONDENTS (BY SRI. N RAVINDRANATH KAMATH, SR. COUNSEL FOR SRI JAGADEESH BALIGA N., ADV. FOR C/R2 SRI SHIVAPRABHU HIREMATH, AGA FOR R1 SRI B.J. SOMAYAJI, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER PASSED BY THE R2 DATED 21/03/2024 IN BEARING NO. VIDE ANNEXURE-A AND B) DIRECT THE RESPONDENT TO CONTINUE THE PETITIONER AS PER THE ORDER OF THIS COURT IN W.P. NO.579/2024 SINCE IT IS THE OBLIGATION DUTY OF THE RESPONDENTS TO CONTINUE THE PETITIONER IN HIS PLACE UP TO FILL-UP VACANT POST THROUGH PROPER RECRUITMENT PROCESS BY R2 VIDE ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.Shivakumar N for petitioner, Sri. N.Ravindranath Kamath, learned senior counsel for Sri.Jagadish Baliga, learned counsel for respondent No.2 and Sri.Shivaprabhu Hiremath, learned Additional Government Advocate for respondent No.1. Perused the writ petition papers. - 3 - NC: 2025:KHC:4871 WP No. 9972 of 2024 2. Learned counsel for the petitioner would submit that the petitioner is before this Court, questioning Annexure-A O.M. dated 21.03.2024 whereby the petitioner is relieved from the duties of Public Relation Officer of 3rd respondent on the afternoon of 21.03.2024. This Court granted interim order of stay on 16.04.2024. 3. During the course of hearing, a memo dated 03.02.2025 is filed on behalf of respondent No.2, which reads as follows: “The above named 2nd Respondent begs to submit as under: That the 2nd respondent filed Review Petition No.252/2024 seeking review of the final order dated 06.03.2024 in W.P.No.579/2024 and the same is pending. In this petition the petitioner questioned Annexure-A on the ground that the Annexure-A is passed in contravention of the final order dated 06.03.2024 in W.P.No.579/2024. As the Review Petition is pending, the 2nd respondent seeks leave of this Court to withdraw the Annexure-A and to agitate the right of the 2nd respondent to seek review of the order dated 06.03.2024 in W.P.No.579/2024. Under such - 4 - NC: 2025:KHC:4871 WP No. 9972 of 2024 circumstances, it is prayed that this Court be pleased to permit the 2nd respondent to withdraw Annexure-A subject to the result of the Review Petition No.252/2024. Prayed accordingly.” 4. In view of the withdrawal of Annexure-A, impugned O.M. dated 21.03.2024, the present writ petition would no more survive for consideration. Learned counsel for the petitioner would submit that salary has not been paid. If the salary is not paid, the second respondent shall take action to pay the salary of the petitioner, forthwith. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 42