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2025 DAILYLAW 71185 (KAR)

L SHIVAMURTY v. THE STATE OF KARNATAKA

WP/24182/2025 · 2025-08-19

K V Aravind, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 24182 OF 2025 (S-KSAT) BETWEEN: 1. L. SHIVAMURTY, S/O SRI. LAKSHMINARASAIAH, AGED ABOUT 57 YEARS, (WRONGLY MENTIONED AS 54 BEFORE SKAT) WORKING AS SENIOR FOOD SAFETY OFFICER, OFFICE OF THE DESIGNATED OFFICER, (FOOD SAFETY AND DRUG ADMINISTRATION) DEPARTMENT, PUBLIC HEALTH INSTITUTE, BRUHATH BENGALURU MAHANAGARA PALIKE, EAST ZONE, BENGALURU-01. 2. K. CHANDRASHEKHAR, S/O SRI. D. C. KALAIAH, AGED ABOUT 55 YEARS, (WRONGLY MENTIONED AS 53 BEFORE SKAT) WORKING AS SENIOR FOOD SAFETY OFFICER, BBMP WEST ZONE, (FOOD SAFETY AND DRUG ADMINISTRATION) PUBLIC HEALTH INSTITUTE, SHESHADRI ROAD, K.R. CIRCLE, BENGALURU-01. 3. K. T. SRINIVASA MURTHY, S/O THIMMAIAHA K.T., AGED ABOUT 57 YEARS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 WORKING AS FOOD SAFETY OFFICER, OFFICE OF THE DESIGNATED OFFICER (FOOD AND DRUG ADMINISTRATION), DHO PREMISES, MANDYA DIST., R/AT, ANKANAHALLI VILLAGE, HABTOOR POST, PERIYAPATNA TALUK, MYSORE DIST. 571107. 4. H. M. HADBASAVE GOWDA, S/O LATE MANCHAIAH, AGED ABOUT 54 YEARS, WORKING AS FOOD SAFETY OFFICER, OFFICE OF THE DESIGNATED OFFICER, (FOOD SAFETY AND DRUG ADMINISTRATION), DHO OFFICE COMPOUND, HASSAN 573202. 5. K. V. SRINIDHI, S/O LATE VENKATADESHIKAR, AGED ABOUT 57 YEARS, WORKING AS FOOD SAFETY OFFICER, OFFICE OF THE DESIGNATED OFFICER, (FOOD SAFETY AND DRUG ADMINISTRATION), BBMP WEST ZONE, SESHADRI ROAD, K.R. CIRCLE, BANGALORE -01. R/AT No.27/1, SHAMANTHA, WEST ANJANEYA TEMPLE STREET, BASAVANAGUDI, BANGALORE 04. 6. D. S. NAGARAJA, S/O SUBRAMANYA SHASTRI, AGED ABOUT 57 YEARS, WORKING AS FOOD SAFETY OFFICER, OFFICE OF THE DESIGNATED OFFICER, (FOOD SAFETY AND DRUG ADMINISTRATION), BBMP, NORTH ZONE, SESHADRI ROAD, K.R. CIRCLE, BANGALORE, R/AT No.42, 10TH A MAIN, NISARGA LAYOUT, ANANTHPURA, YELAHANKA, BANGALORE 64. - 3 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 7. MAHENDRAIAHA H.O., S/O OMKARAIAH, AGED ABOUT 57 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER, (FOOD SAFETY AND DRUG ADMINISTRATION) DFSO MALLE GOWDA, HOSPITAL PREMISE, DIST. LABORATORY, CHIKMAGALUR -05 R/AT B N BADAVANE, CHOWLAHIRIYUR KADUR TALUK, CHIKMAGALUR DIST. 577180. 8. HARAPPANAHALLI KOTRESHAPPA S/O LATE H PARAMESHWARAPPA AGED ABOUT 55 YEARS WORKING AS FOOD SAFETY OFFICER DAVANAGERE CMC OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) C.G. HOSPITAL COMPOUND, DAVANGERE 577004. R/AT HARAPPANAHALLI KOTRESHAPPA, No.4061/25, 11TH CROSS, MAHALAKSHMI LAYOUT, KUNDU WADU ROAD, DAVANGERE-01. 9. SRINIVASA, S/O LATE SIDDAPPA, AGED ABOUT 53 YEARS, WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER, (FOOD SAFETY AND DRUG ADMINISTRATION) BEHIND DIST., HOSPITAL, DOUBLE ROAD, CHAMARAJANAGAR. 10. S. NARAYANAPPA, S/O SUBBARAYAPPA, AGED ABOUT 56 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER - 4 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 (FOOD SAFETY AND DRUG ADMINISTRATION) OPP. TO DNB ACADEMIC CENTRE, DIST HOSPITAL COMPOUND, TUMKUR-561201 R/AT, KADAMALAKUNTE, KODAMOLAGU POST, PAVAGADA TALUK, TUMKUR DIST. 561202. 11. H N SATHISHA, S/O LATE H N NEELASHEKAR, AGED ABOUT 56 YEARS WORKING AS FOOD SAFETY OFFICER BANGALORE SOUTH TALUK OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) K R CIRCLE, SESHADRI ROAD, BANGALORE 1. R/AT, ANEGOODU POST, ANEGOODU VILLAGE, HUNSUR TALUK, MYSORE DIST 571105. 12. K RAVI KUMAR S/O LATE KUMBAIAHA N AGED ABOUT 56 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION), BBMP NORTH ZONE, K R CIRCLE, SESHADRI ROAD, BANGALORE 1. R/AT, SRI KARIGIRI NILAYA, 3RD CROSS, PRASHANTH NAGAR, NEAR VIDYA SCHOOL NEW EXTENSION, DEVARAYAPATNA, TUMKUR-572104. 13. S UDAYA KUMAR S/O LATE SHIVASHANKARAPPA AGED ABOUT 55 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) BBMP WEST ZONE, K R CIRCLE, - 5 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 SESHADRI ROAD, BANGALORE 1. R/AT No.63, SAI SAMRUDHI NILAYA, 4TH CROSS, KSRTC LAYOUT, MAHADESHWARA NAGAR, BANGALORE 91. 14. D. SUBRAMANYA, S/O LATE DODDAMUNIYAPPA AGED ABOUT 54 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION), BBMP EAST ZONE, K R CIRCLE, SESHADRI ROAD, BANGALORE 1 R/AT BUDIGERE VILLAGE, NEAR KARNATAKA BANK, DEVANAHALLI TALUK, BANGALORE RURAL DIST. 562129. 15. SOMESH OLEKAR, S/O LAKSHMAPPA OLEKAR, AGED ABOUT 45 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) COUNTRY CLUB ROAD, VIDYANAGAR, SHIMOGA-01. R/AT ASHIRVAD RESIDENCY, A BLOCK No.A1, CHAMARAJAPETE, SORABA, SHIMOGA DIST.577429. 16. K. K. SURESH, S/O K.R. KRISHNAPPA AGED ABOUT 53 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) MALELGOWDA GENERAL HOSPITAL COMPOUND, CHIKMANGLUR-577101 R/AT, KOTE, CHIKMANGLUR-577101. - 6 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 17. A SRINIVASULU S/O LATE VENKATARAMAPPA AGED ABOUT 51 YEARS WORKING AS FOOD SAFETY OFFICER OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) BBMP NORTH ZONE, K R CIRCLE, SESHADRI ROAD, BANGALORE 1, R/AT, No.16, NIKAYA MARUTHI LAYOUT, NEAR SHANIMAHATHMA TEMPLE, THARABANAHALLI, HURALI CHIKKANAHALLI, GRAMA PANCHAYATI, HESARGHATTA ROAD, YELAHANKA, BANGALORE URBAN DIST. 560090. 18. D ANUSUYA W/O G SHIVAKUMAR AGED ABOUT 57 YEARS WORKING AS FOOD SAFETY OFFICER ANEKAL TALUK OFFICE OF THE DESIGNATED OFFICER (FOOD SAFETY AND DRUG ADMINISTRATION) BANGALORE URBAN DIST, KR CIRCLE, SESHADRI ROAD, BANGALORE 1 R/AT No.112, 6TH MAIN, 60 FT ROAD, D GROUP LAYOUT, SRIGANDHAKAVAL, BANGALORE 91. 19. DAKSHAYINI BADIGER W/O MANJUNATH, AGED ABOUT 55 YEARS, WORKING AS FOOD SAFETY OFFICER MYSORE CIRCLE-3 OFFICE OF THE DESIGNATED OFFICER (FOOD AND DRUG ADMINISTRATION) COMPOUND OF THE DIVISIONAL FOOD LABORATORY, TILAK NAGAR, MYSORE R/AT, No.3442/1A, 5TH MAIN, - 7 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 6TH CROSS, TILAK NAGAR, MYSORE 21. …PETITIONERS (BY SRI P.S. RAJAGOPAL, SENIOR ADVOCATE FOR SRI SUBRAHMANYA BHAT M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, BANGALORE-01. 2. THE COMMISSIONER, FOOD SAFETY AND DRUG ADMINISTRATION DEPARTMENT, PUBLIC HEALTH INSTITUTE'S PREMISES, SHESHADRI ROAD, K R CIRCLE, BANGALORE-01. 3. COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 06.08.2025 PASSED BY THE HON'BLE KSAT IN APPLICATION No.3561-3579/2025 PRODUCED AS ANNEXURE-B TO THE EXTENT THE SAME REJECTS THE INTERIM PRAYER SOUGHT BY THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned Senior Counsel Sri.P.S.Rajagopal for learned counsel Sri.Subrahmanya Bhat M., for the petitioners and learned Additional Advocate General Sri.Reuben Jacob, along with learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 to 3. 2. The petitioners at present are working as Food Safety Officers in the Commissionerate of Food Safety at various places. Initially, they are the employees of Health and Family Welfare Service Department. They are working as Food Safety Officers since 2011 in pursuance to the notification dated 30.07.2011 (Annexure-A7) and notification dated 05.08.2011 (Annexure-A8). Under Official Memorandum (OM) dated 25.07.2025 (Annexure- A33), the petitioners are relieved as Food Safety Officers and are directed to report to duty at the Office of - 9 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 Commissioner, Health and Family Welfare Services as Junior/Senior Health Inspectors and to seek further posting. Questioning the said OM and other allied prayers, the petitioners were before the Tribunal in Application Nos.3561-3579/2025. The petitioners had also sought for interim prayer to stay the impugned OM dated 23.07.2025 (Annexure-A32) and 25.07.2025 (Annexure-A33). Under impugned order dated 06.08.2025, the Tribunal rejected the petitioners interim prayer to stay the OM’s dated 23.07.2025 (Annexure-A32) and 25.07.2025 (Annexure- A33). 3. Challenging the said rejection of interim prayer, the petitioners are before this Court in this writ petition. 4. Learned senior counsels appearing for the parties have canvassed several contentions and they have taken us through the various orders passed on the subject matter on earlier round of litigation. However, the fact remains that petitioners are working as Food Safety - 10 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 Officers since 2011 in the Commissionarate of Food Safety. 5. Learned senior counsel appearing for the parties would submit that the application in question is posted to 28.08.2025. Further, learned Additional Advocate General Sri.Reuben Jacob would assure that by 28.08.2025, the pleadings would be completed. 6. Thereafter, on serving of the statement of objections by the State, the petitioners are given one week time to file rejoinder statement. Thereafter, learned counsel Sri.Subramanya Bhat who appears for the petitioners before the Tribunal also assures that they would commence arguments on the main application itself. 7. Taking note of the above assurances by the counsels appearing for the parties and also taking note of the fact that the petitioners are working as Food Safety Officers for the last 14 years in the Commissionerate of Food Safety, we deem it appropriate to direct the - 11 - HC-KAR NC: 2025:KHC:32060-DB WP No. 24182 of 2025 respondents to continue the petitioners as Food Safety Officers in the Commissionerate of Food Safety at the places where the petitioners are working for the present till disposal of the application. 8. With the above observations, writ petition stands disposed of. We request the Tribunal to dispose of the application as early as possible, as the learned counsels appearing for the parties have assured that they would co-operate in disposal of the application. In view of disposal of the petition, pending interlocutory application would not survive and it stands disposed of accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU,NC List No.: 1 Sl No.: 28