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2025 DAILYLAW 59645 (KAR)

K GANGAMMA W/O K THIPPESWAMY v. THE CHIEF MEDICAL OFFICER

WP/108022/2024 · 2025-12-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16834 WP No. 108022 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108022 OF 2024 (S-REG) BETWEEN: 1. K. GANGAMMA W/O K. THIPPESWAMY AGE: 48 YEARS, OCC: D-GROUP EMPLOYEE R/O #336/20, 21 ST WARD, NEAR HUCHEERAPPA TEMPLE, SIRUGUPPA, TQ: SIRUGUPPA, DIST: BALLARI, PIN- 583121 2. LAKSHMI W/O LATE DODDA HUSENAPPA AGE: 36 YEARS, OCC: D-GROUP EMPLOYEE R/O WARD NO.26, AMBHA NAGARA, AT POST: SIRUGUPPA, TQ: SIRUGUPPA, DIST: BALLARI, PIN- 583121 3. RAMADEVI W/O PAMPAPATHI AGE: 38 YEARS, OCC: D-GROUP EMPLOYEE R/O BANNI KATTEAY, AMBHA NAGAR, WARD NO.26, SINDHOUR ROAD, AT POST: SIRUGUPPA, TQ: SIRUGUPPA, DIST: BALLARI, PIN- 583121 4. NIRMALA W/O MOULA AGE: 41 YEARS, OCC: D-GROUP EMPLOYEE R/O #264, WARD NO.27, SREE BASAVESHWARA NAGAR, NEAR HULIGEMMA GUDI, SIRUGUPPA, TQ: SIRUGUPPA, DIST: BALLARI, PIN- 583121 5. EDIGARA UMADEVI W/O LATE EDIGARA UMESH AGE: 43 YEARS, OCC: D-GROUP EMPLOYEE R/O WARD NO.15, ASHRAYA LAYOUT, BELLARY ROAD, SIRUGUPPA, TQ: SIRUGUPPA,DIST: BALLARI, PIN- 583121 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16834 WP No. 108022 of 2024 6. HAMPAMMA. J W/O JAJI VEERESHA AGE: 43 YEARS, OCC: D-GROUP EMPLOYEE R/O WARD NO.27, SREE BASAVESHWARA NAGAR, JAJERU STREET, SIRUGUPPA, TQ: SIRUGUPPA, DIST: BALLARI, PIN- 583121 7. G. NAGARAJA S/O G. MALLAPPA AGE: 50 YEARS, OCC: D-GROUP EMPLOYEE R/O WARD NO.21, A.R.S FARAM, NEAR ADONI ROAD, SIRUGUPPA, TQ: SIRUGUPPA, DIST: BALLARI, PIN- 583121 …PETITIONERS (BY SRI. SUNITHA P. KALASOOR, ADVOCATE) AND: 1. THE CHIEF MEDICAL OFFICER, HEALTH AND FAMILY WELFARE DEPARTMENT, SIRUGUPPA, TQ: SIRUGUPPA, DISTRICT: BALLARI, PIN- 583121 2. THE DISTRICT MEDICAL OFFICER HEALTH AND FAMILY WELFARE DEPARTMENT, DISTRICT: BALLARI, PIN- 583121 3. DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT, KARNATAKA PWD BUILDING CAMPUS, ANANDA RAO CIRCLE, AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONERS AND PAY THE ARREARS OF SALARY, WAGES AND NOT TO DISPLACE THE PETITIONERS FROM THEIR SERVICES WITHOUT DISTURBING THEIR EMPLOYMENT UNDER THE RESPONDENTS AS PER THE REPRESENTATION PRODUCED AT ANNEXURE-G AND G1 DATED. 29/11/2024 AND 30/11/2024 AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:16834 WP No. 108022 of 2024 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: a. “Issue a writ or direction in the nature of Mandamus to the respondents to regularize the services of the petitioners and pay the arrears of salary, wages and not to displace the petitioners from their services without disturbing their employment under the respondents as per the representation produced at Annexure-G and G1 dated. 29/11/2024 and 30/11/2024. b. Issue an order, direction or writ as this Hon’ble court deems fit and necessary.” 2. Heard Smt.Sunitha P. Kalasoor, learned counsel for the petitioners and Smt.Girija S. Hiremath, learned HCGP for respondents. 3. The petitioners were all appointed as Helpers (Group- D posts) in the Government Hospital at Siruguppa under the 1st respondent. They are stated to have been continuing in service from 2008 till the date of filing of the writ petition in 2024. Their primary claim is for regularisation of their services. 4. The learned HCGP submits that the petitioners’ representation for regularisation cannot be considered, as they - 4 - HC-KAR NC: 2025:KHC-D:16834 WP No. 108022 of 2024 are not employees appointed by the hospital, but were engaged through an outsourced agency, namely M/s Sabira Security Services. Their engagement has been continued from time to time through endorsements or continuation orders issued by the said agency. In that light, the learned HCGP submits that the petitioners have no right either to continue in service or to seek regularisation of their services. 5. It is further submitted that the petitioners have submitted representations claiming entitlement to salary on par with regular employees, but the same has not been considered as of now. 6. The learned HCGP submits that the said representations will be considered strictly in accordance with law and appropriate orders will be passed thereon. It is made clear that this Court has not considered or adjudicated the claim of the petitioners for regularisation of their services. 7. In the aforesaid circumstances, and in view of the subsisting interim order, I deem it appropriate to continue the same until the representations are considered. The respondents shall consider the petitioners’ representations in accordance with - 5 - HC-KAR NC: 2025:KHC-D:16834 WP No. 108022 of 2024 law and pass necessary orders within four months from the date of receipt of a copy of this order. 8. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 2 Sl No.: 84