Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33247 WP No. 17112 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17112 OF 2025 (S-RES) BETWEEN:
1.
DR. SOWMYA. P W/O H G SATHISH AGED ABOUT 39 YEARS WORKING AS RBSK MEDICAL OFFICER TALUK HEALTH OFFICE, PAVAGADA TUMKURU DISTRICT-561202 R/O OPP BAGAVATHIAMMAN TEMPLE TAMIL SCHOOL ROAD, HIRIYUR HIRIYUR TALUK, CHITRADURGA DISTRICT-577598.
2.
SMT. NAGAMANI N D/O NAGARAJAPPA B AGED ABOUT 30 YEARS WORKING AS RBSK OPHTHALMIC ASSISTANT TALUK HEALTH OFFICE, PAVAGADA TUMKURU DISTRICT-561202 R/AT HOSA HARIJANA COLONY KALYANADURGA ROAD, PARASHURAMPURA CHALLAKERE TALUK, CHITRADURGA DISTRICT-577538.
3.
SMT MAMATHA R W/O MANJUNATHA P S AGED ABOUT 40 YEARS WORKING AS RBSK STAFF NURSE TALUK HEALTH OFFICE, PAVAGADA TUMKURU DISTRICT-561202 R/AT VENUGOPALA SWAMY GUDI BEEDI PAVAGADA, PAVAGADA TALUK TUMKUR DISTRICT-561202. …PETITIONERS (BY SRI. R. HEMANTH RAJ., ADVOCATE)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:33247 WP No. 17112 of 2025
AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT NO.105, IST FLOOR, VIKASA SOUDHA BENGALURU-560001.
2.
THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER OLD NH-4 ROAD, AMANAKERE PARK TUMKUR-572101.
3.
THE DISTRICT HEALTH AND FAMILY WELFARE SOCIETY NO.G B-7, DISTRICT BHAVANA OLD NH -4 ROAD, AMANAKERE PARK TUMKUR-572101 REP BY ITS MEMBER SECRETARY.
4.
THE DEPUTY DIRECTOR RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) AROGYA SOUDHA, MAGADI ROAD BENGALURU-560023.
5.
THE PROJECT DIRECTOR RCH RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) AROGYA SOUDHA, MAGADI ROAD BENGALURU-560023.
6.
MISSION DIRECTOR NATIONAL HEALTH MISSION AROGYA SOUDHA, MAGADI ROAD BENGALURU-560023. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE OFFICIAL
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HC-KAR NC: 2025:KHC:33247 WP No. 17112 of 2025
MEMORANDUM BEARING NO GIATU/RCHTU/09/2025-26 DATED 11-04-2025, OFFICIAL MEMORANDUM BEARING NO GIATU/RCHTU/11/2025-26 DATED 11-04-2025 AND OFFICIAL MEMORANDUM BEARING NO
GIATU/RCHTU/10/2025-26 DATED 11-04-2025 AS PER ANNEXURE-F, G, AND H ISSUED BY THE 3RD RESPONDENT 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 H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioners have called in question the Official Memorandums dated 11.04.2025 issued by respondent No.3 at Annexures-F, G and H.
2. The case of the petitioners is that they are appointed as Medical Officer, Opthalmic Assistant and Staff Nurse, respectively, on contract basis under the Scheme of Rashtriya Bal Swasthya Karyakram (RBSK) floated by National Rural Health Mission Project by the Ministry of Health and Family Welfare. When they were in service, the
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HC-KAR NC: 2025:KHC:33247 WP No. 17112 of 2025
respondent No.3 has issued the impugned Official Memorandums dated 11.04.2025 at Annexures-F, G and H terminating the petitioners from service, without giving any notice. Being aggrieved by the same, the petitioners are before this Court.
3. In W.P.No.11577/2025 filed by similarly situated persons, this Court by order dated 29.04.2025 has allowed the writ petition, quashed the official memorandums dated 11.04.2025 and directed the respondents to reinstate the petitioners into their originals posts with continuity of service and all consequential benefits.
4. Therefore, in view of the order passed by this Court in W.P.No.11577/2025 on 29.04.2025, the present writ petition is also liable to be allowed. Accordingly, the following order is passed:
ORDER a) The writ petition is allowed.
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HC-KAR NC: 2025:KHC:33247 WP No. 17112 of 2025
b) The Official Memorandums dated 11.04.2025 issued by respondent No.3 at Annexures-F, G and H, are hereby quashed. c) The respondents are directed to reinstate the petitioners into their original posts with continuity of service and all consequential benefits. However, it is open for the respondents to take a decision regarding the extension of service or discontinuation of the petitioners from service which shall however, be in accordance with law. d) All pending interlocutory applications, if any, are
disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 68