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2025 DAILYLAW 30354 (KAR)

THE KARNATAKA AYUSH v. THE SECRETARY UNION GOVERNMENT OF INDIA

WP/55919/2014 · 2025-01-10

S G Pandit

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Judgment text

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- 1 - NC: 2025:KHC:978 WP No. 55919 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 55919 OF 2014 (S-RES) BETWEEN: 1. THE KARNATAKA AYUSH MEDICAL OFFICERS, WELFARE ORGANIZATION, (KSHFWDAMOA) (R) HAVING ITS BRANCH OFFICE AT # C-23, STAFF QUARTERS, VYDEHI INSTITUTE OF MEDICAL SCIENCE, EPIP AREA, NALLURAHALLI, WHITE FIELD BANGALORE, REPRESENTED BY ITS SECRETARY, DR. CHAITHANYA H.B., W/O VIJAYA SARATHI, AGED ABOUT 29 YEARS, SERVING AS AYUSH MEDICAL OFFICER, SUB DIVISIONAL HOSPITAL, PANDAVAPURA, MANDYA DISTRICT. 2. D. MOHAN M A S/O M.T. ANANTHAMURTHY, AGED ABOUT 33 YEARS, SERIVNG AS AYUSH MEDICAL OFFICER, SUB DIVISIONAL HOSPITAL, PANDAVAPURA, MANDYA DISTRICT. 3. DR. PRANESH.B.S. S/O SRIKANTAPPA.S.BADIGER, AGED ABOUT 38 YEARS Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:978 WP No. 55919 of 2014 SERVING AS AYUSH MEDICAL OFFICER, NOW ON OOD TO SHUNTIKOPPA, MADIKERI DISTRICT, MADIKERI. 4. DR. SIDDARAMASWAMY S/O. KAREBASAPPA.H. AGED ABOUT 35 YEARS, SERVING AS MEDICAL OFFICER, PRIMARY HEALTH CENTER, MUDGAE VILLAGE, HAGRI BOMMANAHALLI TALUK, BELLARY DISTRICT, BELLARY. 5. DR. SIDDARAM METRI AGED ABOUT 40 YEARS C/O MALLIKARJUN KURAPA PLOT NO.24, SHANTHINAGAR OPPOSITE TO BERAPPA TEMPLE DISTRICT: BIJAPUR. …PETITIONERS (BY SRI. SAGAR B.B., ADV.) AND: 1. THE SECRETARY UNION GOVERNMENT OF INDIA DEPARTMENT OF HEALTH, NIRMAN BHAVAN, NEW DELHI-110011. 2. THE MISSION DIRECTOR NATIONAL HEALTH MISSION, NIRMAN BHAVAN, NEW DELHI-110011. 3. THE DIRECTOR INDIAN SYSTEMS OF MEDICINE, HOMEOPATHY DEPARTMENT, OFFICE OF THE AYUSH DIRECTORATE, DANVANTHRI ROAD, BANGALORE-560024. - 3 - NC: 2025:KHC:978 WP No. 55919 of 2014 4. THE STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE-01. REP. BY ITS SECRETARY. 5. THE COMMISSIONER HEALTH AND FAMILY WELFARE AND AYUSH SERVICES, ANANDH RAO CIRCLE, BANGALORE-01. 6. THE MISSION DIRECTOR NRHM, NOW KNOWN AS RASTRIYA AROGYA ABIYAN, OFFICE OF THE HEALTH AND FAMILY WELFARE DEPARTMENT, ANANDH RAO CIRCLE, BANGALORE-01. …RESPONDENTS (BY SRI.SHANTI BHUSHAN, DSGI, ADV. FOR R1 & R2 SMT. N ANITHA, AGA FOR R3 TO R6) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER DATED 17.01.2014 VIDE ANNEX-C AND C1 AND TO INCREASE THE CONSOLIDATED SALARY OF THE PETITIONERS ON PAR WITH AYUSH DOCTORS WHO ARE APPOINTED BY THE AYUSH DIRECTORATE; DIRECT THE RESPONDENTS TO ABSORB THE PETITIONERS TO REGULAR SERVICE BY MAKING NECESSARY AMENDMENT TO THE NECESSARY RULES OR BY ENACTING NEW RULES AND ETC. 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 - 4 - NC: 2025:KHC:978 WP No. 55919 of 2014 ORAL ORDER Learned Additional Government Advocate files a memo dated 10.01.2025 enclosing 3 documents. The same is taken on record. Petitioner is before this Court, praying for a writ of mandamus directing the respondents to consider the representation submitted by the petitioner dated 17.01.2019 vide Annexures-C and C1 and increase consolidated salary of petitioners on par with the AYUSH doctors who are appointed by the AYUSH Directorate and also seeking a direction to absorb the petitioners to regular service by making necessary amendment to the necessary rules or by enacting new rules. 2. Learned Additional Government Advocate would point out from the memo filed today before the Court that first petitioner’s representation was considered in the light of the direction issued by this Court dated 23.08.2018 in W.P.Nos.32913-32914/2017 and connected writ petitions and by Government Order dated 18.03.2019, petitioner’s - 5 - NC: 2025:KHC:978 WP No. 55919 of 2014 request is rejected. Further, learned Additional Government Advocate would submit that AYUSH Medical Officers are paid salary equal to that of MBBS doctors on contract basis. 3. Submission of the learned Additional Government Advocate is placed on record. 4. Learned counsel Sri.Sagar B.B. appearing for the petitioner would submit that in view of the Government Order dated 18.03.2019 (document No.2 produced along with the Memo) writ petition be disposed of, with liberty to challenge the said Government Order in accordance with law. 5. Submission of the learned counsel for the petitioners is placed on record and the writ petition stands disposed of, with liberty as sought. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 37