Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18099 WP No. 13682 of 2025
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. 13682 OF 2025 (S-RES) BETWEEN:
1.
DR. YOGANANDA. C. R.
S/O RAMACHANADRA AGED ABOUT 36 YEARS, MEDICAL OFFICER, RBSK, CHANNAPATNA TQ. AND RAMNAGAR DIST., BENGALURU-560060.
2.
DR. SHARATH B.S.
S/O SRIRANGAPPA AGED ABOUT 38 YEARS, MEDICAL OFFICER, RBSK, CHANNAPATNA, CHANNAPATNA TQ, RAMANAGARA DIST-562120
3.
DR. JAGADEESH S MANGANNAVAR S/O LATE SOMARADDI MANGANNAVAR AGED ABOUT 41 YEARS, MEDICAL OFFICER, RBSK, MAGADI, R/O MAHADESHWARA NILAYA, 1ST FLOOR, VIDYANAGARA, NEAR KALYA GATE, NARASIMHA HERO BIKE SHOWROOM, MAGADI TOWN, RAMANAGARA DIST-562120
4.
DR. N. VAJRIKA PAVAN D/O C.K. RAGHAVENDRA, AGED ABOUT 35 YEARS, MEDICAL OFFICER, RBSK, MAGADI TQ, RAMANAGAR DIST.
W/O N. PAVAN KUMAR, R/O NO.217, 1ST FLOOR, 2ND MAIN, 6TH CROSS, PANCHASHEELANAGAR, BANGALORE-560072
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:18099 WP No. 13682 of 2025
5.
R. RENUKA W/O RAMCHANDRAPPA, AGED ABOUT 36 YEARS, STAFF NURSE, RBSK TEAM, MAGADI TQ. RAMANAGAR DIST.
RAMANAGARA DIST.-562120
6.
RAMYA L.
W/O CHANDRASHEKAR S, AGED ABOUT 33 YEARS, OPTAMIC ASSISTANT, RBSK TEAM, MAGADI TQ. RAMANAGAR DIST., RAMANAGARA DIST-562120 …PETITIONERS (BY SRI. SREEDHAR K., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, AROGYA SOUDHA, MAGADI ROAD, BANGALORE-560023
2.
THE MISSION DIRECTOR NATIONAL HEALTH MISSION, AROGYA SOUDHA, MAGADI ROAD, BANGALORE-560023
3.
THE DEPUTY DIRECTOR, RASHTRIYA BALA SWASTHYA KARYAKRAMA, AROGYA SOUDHA, MAGADI ROAD, BANGALORE-560023
4.
GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT, NEW DELHI-110011
5.
THE ZILLA PANCHAYATH, RAMANAGAR, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, RAMANAGAR-581453 AND
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NC: 2025:KHC:18099 WP No. 13682 of 2025
THE PRESIDENT DIST. HEALTH AND FAMILY WELFARE SOCIETY. …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER BEARING NO.NHM/DHS/RBSK/RN/13/2024-25 DATED 15.04.2025 PASSED BY THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, RAMANAGAR VIDE ANNEXURE-G.
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/DHS/RBSK/RN/13/2024-25 dated 15.04.2025 issued by the District Health and Family Welfare Officer, Ramanagara, by which, the services of the petitioners were discontinued.
2. The petitioners contend that petitioner Nos.1 to 4 were appointed as Medical Officers and petitioner No.5 was appointed as staff nurse and petitioner No.6 was appointed as Ophthalmic Assistant in the Health and Family Welfare Department under the scheme called "Rashtriya Bal Swasthya Karyakram" floated by the National Rural Health Mission. The
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NC: 2025:KHC:18099 WP No. 13682 of 2025
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. However, out of 430 mobile health teams that were working in the State, 24 mobile health teams were withdrawn from the districts, where they were in excess and redistributed to districts where there was shortage of teams. The petitioners contend that the respondent No.3 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 reviewed their performance and had arbitrarily discontinued them. The petitioners are therefore before this Court challenging an order terminating their services.
3.
Learned counsel for the petitioners contended that the performance of the petitioners was not reviewed by taking into consideration the achieved targets and that whatever considered was not based on the data available on Swasthya Kirana app.
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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 order bearing No.NHM/DHS/RBSK/RN/ 13/2024-25 dated 15.04.2025 issued by the District Health and Family Welfare Officer, Ramanagara is 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 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
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petitioners shall be paid to them within a period of one month from the date of receipt of a copy of this order.
6. All issues are kept open.
Sd/- (R. NATARAJ) JUDGE
PMR List No.: 2 Sl No.: 3