- 1 - NC: 2025:KHC:487 WP No. 32604 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 32604 OF 2024 (S-RES) BETWEEN: SRI. UMESH S/O. SRI. KRISHNEGOWDA B.P., AGED ABOUT 51 YEARS, R/AT HALE BUDANURU VILLAGE AND POST, MANDYA TALUK AND DISTRICT. …PETITIONER (BY SRI. SUBRAMANYA S UPASANA, ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), VIDHANA SOUDHA , DR. AMBEDKAR ROAD, BENGALURU-560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. M/S. MANDYA INSTITUTE OF MEDICAL SCIENCE, (AUTONOMOUS MEDICAL INSTITUTION, GOVERNMENT OF KARNATAKA), DISTRICT HOSPITAL CAMPUS, MANDYA-571401. …RESPONDENTS (BY SRI NAVEEN CHANDRASHEKHAR, AGA FOR R1 SRI M JAGADISH BALIGA, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE SERVICE OF THE PETITIONER ON CONTRACT BASIS TILL THE FILLING OF THE RESPONDENTS THROUGH PROPER RECRUITMENT PROCESS. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:487 WP No. 32604 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard the learned counsel Sri.Subramanya S. Upasana for petitioner, learned Additional Government Advocate Sri.Naveen Chandrashekhar for respondent No.1 and learned counsel Sri.M.Jagadish Baliga for respondent No.2. Perused the writ petition papers. 2. Petitioner who was on contractual employment in the respondent No.2-Institute is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to renew the services of the petitioner on contract basis the till filling up of permanent post by the respondents through proper recruitment process. 3. Learned counsel for the petitioner would submit that the petitioner was appointed on contract basis as - 3 - NC: 2025:KHC:487 WP No. 32604 of 2024 Medical Service Worker in the second respondent- Institute. The petitioner was appointed by the competent authority, Governing Council of the second respondent – Institute and he was continued in service from time to time till March-2024. He submits that thereafter, he has not been given any wok or he has not been continued as Medical Service Worker. Learned counsel invites attention of this Court to Annexure-F dated 25.07.2024 and submits that letter has been addressed from first respondent to second respondent-Institute to continue the services of the petitioner in the Institute, if there is work by placing the matter before the Governing Council. Learned counsel would further contend that a temporary employee cannot be replaced by another temporary employee, by placing reliance on the order of a Co-ordinate Bench of this Court in W.P.No.579/2024 dated 06.03.2024. Thus, learned counsel would pray for a direction to continue the service of the petitioner in the second respondent-Institute by allowing the writ petition. - 4 - NC: 2025:KHC:487 WP No. 32604 of 2024 4. Per contra, learned counsel Sri.M.Jagadish Baliga for respondent No.2 would submit that the service of the petitioner was continued for a period of six months under Annexure-E dated 30.10.2023 and thereafter his services are discontinued as there is no work in the second respondent – Institute. Further, he submits that no other person is appointed as Medical Service Worker in place of the petitioner. As such, he submits that the reliance placed on the order of the Co-ordinate Bench of this Court would have no application to the facts of the present case. Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief as prayed in the writ petition. 6. Admittedly, petitioner was initially appointed on contract basis and was continued on contract basis from time to time. His services were continued for a period of six months from 30.10.2023 under Annexure-E dated - 5 - NC: 2025:KHC:487 WP No. 32604 of 2024 30.10.2023. The said six months period expired on 31.03.2024 and thereafter petitioner’s service is not continued. Petitioner being a contractual employee has no right to seek regularization or continuation. Under Annexure-F, letter dated 25.07.2024 of the first respondent addressed to second respondent, request is made to continue the petitioner if there is work by placing the matter before the Governing Council. It is not a direction from the State Government and as such, it would not assist the petitioner in any way. 7. Learned counsel for the petitioner placed reliance on the order of a Co-ordinate Bench of this Court dated 06.03.2021 in W.P.No.579/2024. The said decision would state that a person who is appointed on contract basis cannot be replaced by another contract employee. In the instant case, it is not the case of the petitioner that on discontinuation of services of the petitioner, another contract employee is appointed to his place. Learned counsel for the respondent No.2 has made it clear that no - 6 - NC: 2025:KHC:487 WP No. 32604 of 2024 other contract employee is appointed in place of the petitioner. In that circumstances, decision relied on by the learned counsel for the petitioner would not assist the petitioner. 8. As there is no right for the petitioner to seek continuation or to seek regularization as contract employee, there is no merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 10