- 1 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.200379 OF 2025 (S-KAT) C/W WRIT PETITION NO. 200380 OF 2025 (S KAT) IN W.P.NO.200379/2025: BETWEEN: DR. JAFAR SADIK FAQIRUDDIN SAIYAD S/O FAQIRUDDIN, AGED ABOUT 51 YEARS, SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, WORKING AS SENIOR SPECIALIST DEPARTMENT OF OPHTHALMOLOGY BRIMS TEACHING HOSPITAL, BIDAR BIDAR DISTRICT R/AT NO.58, FLOOR NO.8 NEW DOCTORS QUARTERS, BRIMS CAMPUS DISTRICT HOSPITAL, BIDAR BIDAR DISTRICT-585 401. …PETITIONER (BY SRI VIJAYKUMAR, ADVOCATE-THROUGH V.C.) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY MEDICAL EDUCATION DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001 3. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD BENGALURU-560 023 4. THE DEAN AND DIRECTOR BIDAR INSTITUTE OF MEDICAL SCIENCE BIDAR, BIDAR DISTRICT-585401. …RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3; V/O DATED 04.03.2025 NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.01.2025 PASSED BY THE TRIBUNAL IN APPLICATION NO.20057/2025 (VIDE ANNEXURE- A) IN SO FAR AS DENIAL OF INTERIM PRAYER IS CONCERNED. IN W.P. NO.200380 OF 2025: BETWEEN: DR. HEMALATHA G, - 3 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 D/O BHEEMALINGAN GOWDA, AGED ABOUT 54 YEARS, SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, WORKING AS TUTOR IN MEDICAL JURISPRUDENCE, BRIMS TEACHING HOSPITAL, BIDAR, BIDAR DISTRICT R/AT AKKAMAHADEVI COLONY, RANGAMANDIRA, BIDAR BIDAR, BIDAR DISTRICT-585 401. ...PETITIONER (BY SRI VIJAYKUMAR, ADVOCATE - THROUGH V.C.) AND: 1 . THE STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001 2 . THE STATE OF KARNATAKA REP BY ITS PRINCIPLE SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 3 . THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560 023. 4 . THE DEAN AND DIRECTOR, BIDAR INSTITUTE OF MEDICAL SCIENCE, BIDAR, BIDAR DISTRICT-585 401. …RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA FOR R1 TO R3; - 4 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 V/O DATED ON 04.03.2025 NOTICE TO R4 IS DISPENSED WITH ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30-01-2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, KALABURAGI IN APPLICATION NO.20053/2025 VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER IS CONCERNED AND ALLOW THE APPLICATION. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE K NATARAJAN) Learned Additional Government Advocate takes notice for respondent Nos.1 to 3. These two writ petitions are filed by the petitioners challenging the order dated 30.01.2025 passed in Application Nos.20057/2025 and 20053/2025 by the - 5 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 Karnataka State Administrative Tribunal, Kalaburagi [for short, ‘the Tribunal’]. 2. By considering the facts of the present case, issuance of notice to respondent No.4 is dispensed with. 3. Heard the arguments of learned counsel for the petitioners and the learned Additional Government Advocate for respondent Nos.1 to 3. 4. The case of the petitioners in both the petitions is that they were working under respondent No.4 – Institution on deputation from 2017 onwards. Now the State of Karnataka vide impugned notification dated 21.01.2025 cancelled the deputation and has passed repatriation order, which was challenged by the petitioners before the Tribunal by filing Application Nos.20057/2025 and 20053/2025 respectively. When the matter was taken up by the Tribunal, notice has been ordered to respondent No.4 and learned Government Advocate took notice for respondent Nos.1 to 3 and the matter was adjourned to - 6 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 07.02.2025. Presently it is posted on 14.03.2025 without passing any interim order sought by the petitioners. 5. We have perused the impugned order of the Tribunal. It is noticed that the Tribunal has not yet passed any order, so as to challenge the same before this Court. It has only stated that after hearing the other side the Tribunal will pass the order on interim prayer. Meanwhile, the petitioners have rushed to this Court prematurely. Hence, we are of the opinion that these petitions are premature. All contentions urged by the petitioners before this Court are not yet considered by the Tribunal. Such being the case, we are not inclined to interfere with the order of the Tribunal. However, the Tribunal is directed to consider the interim prayer of the petitioners within two weeks from the date of receipt of certified copy of this order. Accordingly, petitions are disposed off with a direction to the Tribunal to consider the interim prayer - 7 - NC: 2025:KHC-K:1415-DB WP No. 200379 of 2025 C/W WP No. 200380 of 2025 made by the petitioners within two weeks without waiting for the appearance of respondent No.4. In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration. Hence, they are disposed off. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK LIST NO.: 1 SL NO.: 21 CT:SI