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2025 DAILYLAW 42569 (KAR)

THE DIRECTOR v. B. J. RANI

WA/715/2025 · 2025-11-27

D K Singh, Tara Vitasta Ganju

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 715 OF 2025 (S-RES) BETWEEN: THE DIRECTOR JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BANNERGHATTA ROAD, BENGALURU-560 078. …APPELLANT (BY SMT. HARSHEETHA SURESH, ADVOCATE FOR SRI. VAMSHI KRISHNA C.,ADVOCATE) AND: 1. B. J. RANI, W/O RANGANATHA.C., AGED ABOUT 42 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BANGALORE, R/AT NO.489/A, NISCHITA NILAYA, 2ND MAIN ROAD, NEAR 17TH CROSS, VISHWAPRIYA LAYOUT, BENGALURU SOUTH-560 068. 2. SRI. AYUB KHAN.S.G., S/O GHOUSE KHAN, AGED 39 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 AND RESEARCH BENGALURU R/AT NO.570, BAZAAR STREET, KENGERI, BENGALURU-560 060. 3. SMT. SHOBHA.K.R., W/O RAMAPPA.K, AGED 43 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BANGALORE, R/AT NO.9/A, PAPAIAH GARDEN, 9TH CROSS, 4TH MAIN, BSK 3RD STAGE, BENGALURU-560085 4. SRI. PRAKASH.G.C., S/O CHIKKANNA.G., AGED 43 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BENGALURU. R/AT PURLE HALLY, CHANNAMANGATI HALLY POST, CHALLAKERE TALUK, CHITRADURGA, DISTRICT-577522 5. SRI. LOKESH.S.B., S/O LATE BASAVARAJU.S., AGED 38 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BANGALORE, R/AT NO.2706, ASHOKA ROAD, WEST CROSS 23, LASHKAR MOHALLA, MYSURU-570 001 6. SRI. PUSHPALATHA.P. W/O RAMESH.R. AGED 43 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARLOVASCULAR SCIENCES AND RESEARCH BENGALURU, R/AT NO.57/3, MANJUNATHA NAGAR, 2ND FLOOR, 2ND CROSS, ARAKERE MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU-560 078 - 3 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 7. SMT. REVATHI B.S, W/O ANILKUMAR H.K., AGED 45 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BENGALURU, R/AT NO.128, VIDYANAGAR, HETHUR POST-573 123. SAKALESHPURA TALUK, HASSAN DISTRICT. 8. SRI. THEERTHA.D., W/O DIVAKRA MURTHY, AGED 40 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BANGALORE, R/AT NO.497, 1ST FLOOR, 2ND MAIN, 3RD CROSS, SANJEEVINI CIRCLE, LOKANAYAKA NAGAR, HEBBAL MAIN ROAD, DEVARAJA MOHALLA, MYSURU-570 016. 9. SUNITHA.B.G., W/O B.K.PRAKASH, AGED 41 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BENGALURU. R/AT NO. BLOCK B1-504, BDA JNANABHARATHI ENCLAVE, VALAGERAHALLI, KENGERI, SAHYDRI COMPLEX, BENGALURU SOUTH-560 059. 10. CHANDRASHEKAR.H.N., S/O H.K.NAGARAJA, AGED 41 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES AND RESEARCH BENGALURU. - 4 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 R/AT NO.2, OLD NO.14, SHAMBAJOSHI ROAD, 13TH CROSS, BENDRE NAGAR, KADIRENAHALLI, BSK 2ND STAGE, BENGALURU-560 070 11. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU 560001 …RESPONDENTS (BY SRI. RANGANTHA S JOIS.,ADVOCATE FOR R1-R10 SRI. S H RAGHAVENDRA, GOVT. ADVOCATE FOR R11) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO CALL FOR THE RECORDS IN WP No-12683/2023 (S-RES) WHICH WAS DISPOSED BY THE ORDER DATED 25.09.2024 b) SET ASIDE THE ORDER DATED 25.09.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-12683/2023 (S-RES) AND CONSEQUENTLY ALLOW THIS INSTANT WRIT APPEAL; C) PASS ANY SUCH OTHER ORDER/S THAT THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 5 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 25.09.2024 passed by the learned Single Judge in W.P.No.12683/2023 connected with W.P.No.12691/2023. The same judgment was also challenged by the State Government in W.A.No.1115/2025. 2. This Court vide judgment and order dated 09.10.2025 passed in W.A.No.1115/2025 has dismissed the writ appeal. 3. Paragraphs 2 to 4 of the judgment and order dated 09.10.2025 in W.A.No.1115/2025 reads as under: "2. Respondent Nos.1 to 10 herein are the Staff Nurses working in Jayadeva Institute of Cardiovascular Sciences and Research, Bengaluru, a Government of Karnataka Institute. The said respondents were appointed during the period 2004-2007 as Staff Nurses and have been working for more than 20 years and as such, they were paid stipend of Rs.3,000/- per month. Therefore, they were before this Court by filing Writ Petition No.12683/2023 c/w W.P.No.12691/2023 (S-Res) seeking regularization of their services. The learned Single Judge after considering all aspects, had allowed the petitions and observed that as the petitioners had been working for - 6 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 more than 20 years, it would be just and reasonable to regularize their services from the date they completed ten years of service. It was also observed that the respondents therein shall not take into consideration the renewal break-up of a day of two while computing the ten years. 3. The period of ten years is a long tenure and if the Staff Nurses have been working for more than 20 years, it would entitle them to be regularized from the date they completed 10 years of service to the post of Staff Nurses in Jayadeva Institute of Cardiovascular Sciences and Research, Bengaluru. Long continuous services rendered by the Staff Nurses would indicate that there is requirement of permanent staff of Staff Nurses. State should act as a model employer and not be seen as employer exploiting the poor Staff Nurses by paying stipend only. 4. Therefore, we do not find that learned Single Judge has committed any error of law or facts which require interference, particularly, when similarly placed staff nurses have been regularized in the post. Accordingly, we dismiss this appeal." 4. We cannot take different view in the subsequent writ appeal challenging the very same judgment which was the subject matter of challenge in W.A.No.1115/2025 and - 7 - HC-KAR NC: 2025:KHC:49467-DB WA No. 715 of 2025 therefore, as the issue is covered vide the judgment and order dated 09.10.2025, the present writ appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 14