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2025 DAILYLAW 54506 (KAR)

MRS CHAITHRA B K v. THE STATE OF KARNATAKA

WP/26927/2025 · 2025-09-09

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35298 WP No. 26927 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26927 OF 2025 (S-RES) BETWEEN: MRS CHAITHRA B K W/O SRI. DILIP KUMAR M.D AGED ABOUT 33 YEARS R/ AT NO. 26, 2ND CROSS NARASIMHALU LAYOUT NANDINI LAYOUT, BANGALORE-560 096 WORKING AS NURSE AT HEALTH AND FAMILY WELFARE SERVICES BANGALORE-560 009 …PETITIONER (BY SRI. RAJESH GOWDA., ADVOCATE) AND: 1. THE STATE OF GOVERNMENT HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD BANGALORE-560 023. 2. THE DEAN AND DIRECTOR INSTITUTE OF MEDICAL SCIENCES AT NANDI, CHIKKABALLAPURA-562 101. 3. THE DISTRICT SURGEON DISTRICT HOSPITAL, CHIKKABALLAPURA INSTITUTE OF MEDICAL SCIENCES AT NANDI CHIKKABALLAPURA-562 101. 4. NIRBAYA KENDRA SAKI ONE STOP CENTER 2ND FLOOR, BMTC BUILDING, BUS STAND KEMPEGOWDA, MAJESTIC Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35298 WP No. 26927 of 2025 BANGALORE-560 001 REP. BY COMMISSIONER. …RESPONDENTS (BY SRI. VIKAS R, AGA. FOR RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 16.01.2025, VIDE ANNEXURE-A AND A-1, RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is holding a Civil post and he has to approach the Karnataka Administrative Tribunal. - 3 - HC-KAR NC: 2025:KHC:35298 WP No. 26927 of 2025 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261. 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. 4. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the Xerox copies of the same. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 9