Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:29942-DB WA No. 712 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 712 OF 2025 (S-RES) BETWEEN:
M FAYAZ AHMED, S/O S. MOHD. BASHEER, AGED ABOUT 47 YEARS, R/AT NO. 21/185, TIPPU MOHALLA MUSLIM BLOCK, K R NAGAR TOWN, MYSURU DISTRICT-571 602. …APPELLANT (BY SRI RANGANATHA.S JOIS, ADVOCATE FOR SRI TEJASVI K.V, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REP. BY ITS PRL. SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, M S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE PROJECT MANAGER, KARNATAKA STATE AIDS PREVENTION SOCIETY, NO.4/13/1, CRESCENT ROAD, HIGH GROUNDS, BANGALORE-560 001.
ALSO AT AROGHYASOUDHA, 4TH FLOOR, LAPROCY HOSPITAL GROUND, 1ST CROSS ROAD, MAGADI ROAD, BENGALURU-560 023.
Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:29942-DB WA No. 712 of 2025
3.
THE DISTRICT SURGEON, GENERAL HOSPITAL RAMANAGARA-560 001. …RESPONDENTS (BY SRI K.S HARISH, GOVT. ADVOCATE FOR R-1 & 3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) ALLOW THE PRESENT WRIT APPEAL, b)SET ASIDE THE ORDER DATED 27/03/2025 PASSED IN WP NO.11251/2023 BY THE LEARNED SINGLE JUDGE ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 27.03.2025 [impugned order] passed by the learned Single Judge in WP.No.11251/2023 (S-RES) captioned Sri.M.Fayaz Ahmed Vs. State of Karnataka and others: NC:2025:KHC:13176, whereby the writ petition preferred by the appellant was dismissed.
2. The appellant had filed the above petition challenging the office memorandum dated 31.03.2023,
- 3 -
HC-KAR NC: 2025:KHC:29942-DB WA No. 712 of 2025
whereby his contract had been terminated with effect from the said date. The said office memorandum indicates that a letter dated 27.03.2023 was sent by the appellant unequivocally stating as under:
"I request that I not be continued for the next term and that my salary for the contract period be released with attendance confirmation".
3. In view of the above, the learned Single Judge found no merit in the appellant's challenge to the termination order considering that it was passed at the instance of the appellant.
4. The appellant had furnished a representation seeking to resile from his request. He also claimed that other similarly placed persons who had submitted their resignations were permitted to continue to function as contract employees, notwithstanding that their resignations had been accepted earlier. The learned Single Judge had found the representations submitted by the appellant had since been rejected and therefore, dismissed
- 4 -
HC-KAR NC: 2025:KHC:29942-DB WA No. 712 of 2025
the petition. The petitioner has not challenged the rejection of his representations and thus we find no reason to interfere with the impugned order. The learned counsel seeks liberty to challenge the order rejecting the appellant’s representation.
5. In view of the above, the present appeal is
disposed of with liberty to the appellant to challenge the endorsement rejecting his representation. Needless to state that if and when any such petition is filed, the same would be considered in accordance with law. The rights and contentions of the parties are reserved.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
NR/- List No.: 1 Sl No.: 22