- 1 - NC: 2025:KHC:4575 WP No. 23900 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 23900 OF 2024 (S-RES) BETWEEN: DR. PURUSHOTAM T S AGED ABOUT 56 YEARS, ASST. PROFESSOR CARDIOLOGY DEPARTMENT SRI. JAYADEVA INSTITUTE OF CARDIOLOGY MYSORE BRANCH MYSORE-570001. …PETITIONER (BY SRI. PRAVEEN KUMAR RAIKOTE, ADV.) AND: THE DIRECTOR JAYADEVA INSTITUTE OF CARDIOLOGY JAYANAGAR, BANGALORE-560041. …RESPONDENT (BY MISS. DEEPIKA, ADV. FOR SMT. RAKSHITHA D.J., ADV.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND DIRECTION THE RESPONDENT HEREIN TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNX-D DATED 15.07.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4575 WP No. 23900 of 2024 ORAL ORDER Learned counsel Smt.Rakshitha.D.J., accepts notice for respondent. 2. Heard the learned counsel Sri.Praveen Kumar Raikote for petitioner and learned counsel Miss.Deepika for Smt.Rakshitha.D.J., learned counsel for respondent. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner initially belongs to Health and Family Welfare Services Department of the State Government and was sent on deputation to the respondent – Jayadeva Institute of Cardiology, Bengaluru (for short, ‘Institute’) under O.M., dated 26.08.2015 and he is working in the respondent-Institute since then. Subsequently, under Notification bearing No.DPÀÄPÀ 25 ºÉZïJ¸ïºÉZï 2018 dated 07.03.2018, service of the petitioner was directed to be absorbed in the respondent-Institute under Rule 252(b) of the Karnataka Civil Service Rules (KCSRs) along with service benefits and pay protection. It is the grievance of the - 3 - NC: 2025:KHC:4575 WP No. 23900 of 2024 petitioner that his earlier service in the Health and Family Welfare Services is not counted for seniority and for promotion in the respondent-Institute. In that regard, learned counsel would submit that Annexure-D, representation dated 15.07.2024 is submitted to the respondent-Institute, but no action is taken on the said representation. Hence, he prays for a direction to consider Annexure-D, representation dated 15.07.2024. 4. On the other hand, learned counsel Miss.Deepika appearing on behalf of Smt.Rakshitha.D.J., learned counsel for respondent-Institute submits that the representation of the petitioner as at Annexure-D would be considered in accordance with law, within a reasonable time. 5. The petitioner was initially belonged to Health and Family Welfare Services Department of the State Government and was sent on deputation to the respondent-Institute and subsequently under Notification dated 07.03.2018 (Annexure-C) of the Health and Family - 4 - NC: 2025:KHC:4575 WP No. 23900 of 2024 Welfare Services Department, petitioner’s service was directed to be absorbed in the respondent-Institute. In terms of Rules 252(b) of the KCSRs, service benefits and pay of the petitioner was protected. In terms of Annexure-D dated 15.07.2024, petitioner submitted representation to count his service earlier to his absorption and to consider his case for promotion. The respondents are legally obliged to consider the representation of the petitioner. In the above circumstances, the following: ORDER a) The respondent-Institute is directed to consider the representation of the petitioner as at Annexure-D dated 15.07.2024 and pass orders in accordance with law, within a period of three months from today. b) Accordingly, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms