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High Court of Karnataka · body

2025 DAILYLAW 78266 (KAR)

THE STATE OF KARNATAKA v. SRI B J RANI

WA/1115/2025 · 2025-10-09

D K Singh, Rajesh Rai K

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1115 OF 2025 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPT. OF MEDICAL EDUCATION, M.S.BUILDING, BANGALORE-560 001. 2. THE DIRECTOR OF MEDICAL EDUCATION DEPARTMENT, BENGALURU MEDICAL RESEARCH INSTITUTE, 1ST FLOOR, KOTE VENKATESHWARA TEMPLE, OPP. BUILDING, BENGALURU-560 022. …APPELLANTS (BY SRI. V.G.BHANUPRAKASH, AAG ALONG WITH SRI. M.N.SUEV HEGDE, AGA) AND: 1. SRI. B J RANI W/O. RANGANATHA C, AGED ABOUT 44 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT NO.489/A, NISCHITA NILAYA, 2ND MAIN ROAD, NEAR 17TH CROSS, VISHWAPRIYA LAYOUT, BENGALURU SOUTH - 560 068. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 2. SRI. AYUB KHAN S.G. S/O. GHOUSE KHAN, AGED 41 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT NO. 570, BAZAAR STREET, KENGERI, BENGALURU SOUTH 560 060. 3. SMT.SHOBHA K.R. W/O. RAMAPPA K, AGED 45 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT NO.9/A, PAPAIAH GARDEN, 9TH CROSS, 4TH MAIN, BSK 3RD STAGE, BENGALURU-560 085. 4. SRI.PRAKASH G.C. S/O. CHIKKANNA G. AGED 45 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT PARLE HALLY, CHANNAMANGATI HALLY POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 5. SRI.LOKESH S.B. S/O. LATE BASAVARAJU S. AGED 40 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT NO. 2706, ASHOKA ROAD, - 3 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 WEST CROSS 23, LASHKAR MOHALLA, MYSURU-570 001. 6. SMT. PUSHPALATHA P. W/O.RAMESH R AGED 45 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BANGALORE. R/AT NO.57/3, MANJUNATHA NAGAR, 2ND FLOOR, 2ND CROSS, ARAKERE MICO LAYOAUT, BANNERGHATTA ROAD, BENGALURU-560 078. 7. SMT. REVATHI B.S. W/O.ANIL KUMAR H.K. AGED 47 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT NO.128, VIDYANAGAR, HASSANA DISTRICT. HETHUR POST-573 123, SAKALESHAPURA TALUK, HASSAN DISTRICT. 8. SRI. THEERTHA D. W/O. DIWAKARA MURTHY, AGED 42 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR 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, - 4 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 AGED 43 YEARS, WORKING AS STAFF NURSE, JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT BLOCK B1-504, BDA JNABHARATHI ENCLAVE, VALAGERAHALI, KENGERI, SAHYADRI COMPLEX, BENGALURU SOUTH-560 059. 10. CHANDRASHEKAR H.N. S/O. H.K. NAGARAJA, AGED 43 YEARS, WORKING AS STAFF NURSE,. JAYADEV INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, BENGALURU R/AT NO.2, OLD NO.14, SHAMBAJOSHI ROAD, 13TH CROSS, BENDRE NAGAR, KADIRENAHALLI, BSK 2ND STAGE, BENGALURU-560 070. 11. THE DIRECTOR JAYADEV INSTITUTE OF CARIOVASCULAR SCIENCES, AND RESEARCH, BANNERGHATTA ROAD, BANGALORE-560078. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AN SET ASIDE THE ORDER DATED 25/09/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.12683/2023 C/W WP NO.12691/2023, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The instant writ appeal has been filed impugning the order dated 25.09.2024 passed in W.P.No.12683/2023 c/w W.P.No.12691/2023 (S-RES) by the learned Single Judge. 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 more than 20 years, it would be just and reasonable to regularize their services - 6 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 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. - 7 - HC-KAR NC: 2025:KHC:40028-DB WA No. 1115 of 2025 Accordingly, we dismiss this appeal. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 8