- 1 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 794 OF 2025 (S-RES) BETWEEN: 1. SRI. NAGARAJA AGED ABOUT 53 YEARS, S/O 1 ATE GOPALAPPA, WORKING AS MESSENGER, DISTRICT AIDS PREVENTION CONTROL UNIT (DAPCU), NO. 202, 2ND FLOOR, CHITAGEE DISTRICT HOSPITAL, DAVANAGERE - 577004 2. SRI T.R GANGADHARAPPA AGED ABOUT 53 YEARS, S/O LATE RAMESH CHANDRAPPA, WORKING AS MESSENGER, DISTRICT AIDS PREVENTION CONTROL UNIT, HEALTH FAMILY WELFARE, SANITARIUM COMPOUND, BANGARAPETE ROAD, KOLAR TOWN-563101 3. SMT K. LATHA AGED ABOUT 39 YEARS, W/O MUNIYAPPA, WORKING AS MESSENGER DISTRICT AIDS PREVENTION AND CONTROL UNIT, HEALTH FAMILY WELFARE TALUK HEALTH OFFICE, OLD BUILDING, OLD BUS STOP, GANDHINAGARA, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 DODDABATTAPURA 561203 4. SMT SHOBHA K GHATGE AGED ABOUT SOMNING P. TAMBE, WORKING AS MESSENGER, DISTRICT AIDS PREVENTION AND CONTROL UNIT, HEALTH FAMILY WELFARE, DISTRICT McGANN BODHANA HOSPITAL, SHIMOGA TOWN- 577201 5. SRI MANJEGOWDA.G. A AGED ABOUT 48 YEARS, S/O LATE AJJE GOWDA, WORKING AS MESSENGER, DISTRICT AIDS PREVENTION CONTROL UNIT (DAPCU). DISTRICT LEPROSY ERADICATION CENTER, DISTRICT HOSPITAL COMPOUND, CHIKKAMAGALUR-577101 6. SMT ASHA HARISH AGED ABOUT 43 YEARS, W/O HARISH ACHARYA, WORKING AS MESSENGER, DISTRICT AIDS PREVENTION CONTROL UNIT, HEALTH FAMILY WELFARE OFFICE, NEHARU MAIDANA ROAD, MANGALORE, DAKSHINA KANNADA-575001 …APPELLANTS (BY SRI. GEORGE LAZARUS R., ADVOCATE) AND: 1. THE GOVERNMENT OF INDIA REP. BY IT'S THE ADDITIONAL SECRETARY DIRECTOR GENERAL NATIONAL AIDS CONTROL ORGANIZATION DEPARTMENT OF HEALTH AND FAMILY WELFARE - 3 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 6TH & 9TH FLOOR, CHANDERLOK BUILDING-36 JANPATH, NEW DELHI-110 001 2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH FAMILY WELFARE, #105, 1ST FLOOR, VIKAS SOUDHA, BANGALORE-560001 3. THE PROJECT DIRECTOR KARNATAKA STATE AIDS PREVENTION SOCIETY "AROGYA SOUDHA", 4TH FLOOR, EAST WING. LEPROSY HOSPITAL COMPOUND. BENGALURU-560023 4. THE DISTRICT PROGRAM OFFICER DISTRICT AIDS PREVENTION CONTROL UNIT (DAPCU) NO. 202. 2ND FLOOR. CHITAGERE DISTRICT HOSPITAL DAVANAGERE-577004 5. THE DISTRICT PROGRAM OFFICER DISTRICT AIDS PREVENTION AND CONTROL UNIT (DAPCU) DISTRICT AIDS PREVENTION CONTROL UNIT, HEALTH AND FAMILY WELFARE, SANITORIUM COMPOUND, BANGARAPETE ROAD, KOLAR TOWN-563101 6. THE DISTRICT PROGRAM OFFICER DISTRICT AIDS PREVENTION AND CONTROL UNIT (DAPCU) DISTRICT AIDS PREVENTION CONTROL UNIT, HEALTH AND FAMILY WELFARE, TALUK HEALTH OFFICE, OLD BUILDING, OLD BUS STOP, GANDHINAGARA, DODDABALLAPURA-561203 - 4 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 7. THE DISTRICT PROGRAM OFFICER DISTRICT AIDS PREVENTION AND CONTROL UNIT (DAPCU) DISTRICT AIDS PREVENTION CONTROL UNIT, HEALTH FAMILY WELFARE, DISTRICT MEGANN BODHANA HOSPITAL, SHIMOGA TOWN-577201 8. THE DISTRICT PROGRAM OFFICER DISTRICT AIDS PREVENTION AND CONTROL UNIT (DAPCU) DISTRICT LEPROSY ERADICATION CENTER DISTRICT HOSPITAL COMPOUND, CHIKKAMAGALUR-577101 9. THE DISTRICT PROGRAM OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT (DAPCU) DISTRICT AIDS PREVENTION CONTROL UNIT, HEALTH FAMILY WELFARE, NEHARU MAIDANA ROAD, MANGALORE, DAKSHINA KANNADA-575001 …RESPONDENTS (BY SRI. MOHAMMED ZAFFAR SHAH, AGA FOR R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT DATED 01.07.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 19957/2023 (S-RES), C/W W. P. No. 19968/2023 (S-RES), WP No. 20119/2023 (S-RES), WP No. 20128/2023 (S-RES), WP No. 20230/2023 (S-RES), WP No. 20236/2023 (S-RES), ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) 1. This intra court appeal is directed against the judgment dated 01.07.2024 passed in W.P.No.19957/2023 and connected matters, whereby the learned Single Judge dismissed the writ petitions filed by the appellants. 2. The learned counsel for the appellants submits that the statement of objections dated 19.03.2024 filed by respondent Nos.3 and 4 to the writ petitions of the petitioners, it was stated that as per the Official Memorandum dated 02.06.2023, relieving orders were prepared, however, the office of the Project Director, considering it as a special circumstance and also on humanitarian basis, continued the appellants and others as contract employees and salaries have been given from the other head of account, though there was no provision for continuation and payment of salary. Hence, he submits that the appellants may be continued with their - 6 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 appointment as Messengers with respondent No.4 on contract basis. 3. We have carefully perused the order passed by the learned Single Judge. While dismissing the writ petitions, the learned Single Judge has relied on the observations made in W.P.No.202578/2023, which reads as under: "It is the case of the petitioner that the petitioner has been appointed as Messenger in the respondent- Society as per the appointment letter dated 30.09.2009 and thereafter, an agreement was entered into by the respondent No.4 with the petitioner as per Annexure-C. Respondent No.3 issued Circular dated 01.08.2023 stating that there is no budget allocation for the year 2022-2023 insofar as functioning in the respondent No.4-unit and accordingly, respondent No.4 issued notice dated 05.08.2023. Having taken note of the factual aspects that the petitioner has not been appointed against the sanctioned post and there is no budget allocation with regard to the payment of salary insofar as petitioner is concerned, I am of the opinion that the petitioner has not made out a case for interference in - 7 - HC-KAR NC: 2025:KHC:39506-DB WA No. 794 of 2025 this writ petition. Accordingly, the writ petition is dismissed." 4. From the above, it could be gathered that the appellants have not been appointed against the sanctioned posts and there is no budget allocation with regard to the payment of salary insofar as the appellants are concerned. In such circumstance, the appellants cannot claim as a matter of right to continue in the said posts. Hence, we find no good ground to interfere with the order passed by the learned Single Judge. Accordingly, the appeal lacks merits and the same stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE DHA List No.: 1 Sl No.: 11