- 1 - HC-KAR NC: 2025:KHC:30041 WP No. 3943 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3943 OF 2025 (S-RES) BETWEEN: SRI VINAYAKA KORI AGE 32 YEARS S/O BABU KORI C/O G V SAYAGAVI NO. 1919/84, 5TH MAIN SWAMI VIVEKANANDA BADAVANE DAVANAGERE 577004. …PETITIONER (BY SRI.SOMASHEKARA K H., ADVOCATE FOR SMT. SUMITHRA G M., ADVOCATE) AND: 1. STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT VIDHANA SOUDHA BANGALURU 01 REPTD BY CHIEF SECRETARY. 2. THE MEMBER SECRETARY HEALTH AND WELFARE SERVICES ANAND RAO CIRCLE BEGALURU 09. 3. THE COMMISSIONER DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES AROGYASOUDHA, 1ST FLOOR Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30041 WP No. 3943 of 2025 MAGADI ROAD BANGALORE 560 023 …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1 TO R3 ., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS AND DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 6-12-2024 TO APPOINT THE PETITIONER FOR THE POST OF PARA MEDICAL RECORD TECHNICIAN, WHICH IS VACANT IN THE 3RD RESPONDENT DEPARTMENT., VIDE ANNEXURE-A 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. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is a Civil Servant and he has to approach the Karnataka State Administrative Tribunal (‘for short ’the Tribunal’). - 3 - HC-KAR NC: 2025:KHC:30041 WP No. 3943 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. At this stage, the learned counsel for the petitioner submits that the petitioner has the benefit of the interim order granted by this Court on 02.05.2025. So far, no application has been filed by the respondents seeking for vacating the said interim order. Hence, he sought for continuing the interim order till the disposal of the application before the Tribunal. 4. In view of the above, the writ petition is disposed of, reserving liberty to the petitioner to approach the Tribunal. - 4 - HC-KAR NC: 2025:KHC:30041 WP No. 3943 of 2025 5. If the petitioner approaches the Tribunal within three weeks from the date of receipt of copy of this Court, the interim order granted by this Court shall continue to operate till the disposal of the application filed by the petitioner before the Tribunal. 6. 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. 7. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 50