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2026 DAILYLAW 11908 (KAR)

JAVAREGOWDA v. PRINCIPAL SECRETARY

WP/38893/2025 · 2026-02-12

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8599 WP No. 38893 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 38893 OF 2025 (S-RES) BETWEEN: JAVAREGOWDA S/O LATE MURUGEGOWDA AGED ABOUT 64 YEARS WORKED AS GROUP D EMPLOYEE DABBEGATTA, K R. TALUK MANDYA DISTRICT -571423. …PETITIONER (BY SMT. KUSUMA M., ADVOCATE) AND: 1. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT MS BUILDING, DR AMBEDKAR VEEDHI BENGALURU - 560001 BY ITS JOINT SECRETARY. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH MYSORE MYSURU DISTRICT 571605. 3. THE DIRECTOR OF HEALTH AND FAMILY WELFARE DEPARTMENT ANAND RAO CIRCLE, BENGALURU – 560009. 4. THE DISTRICT HEALTH AND FAMILY WELFARE DEPARTMENT MYSORE DISTRICT – 571605 REP BY DISTRICT HEALTH OFFICER …RESPONDENTS (BY SMT. ANITHA N, AGA. FOR R1 TO R4) Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8599 WP No. 38893 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR ANY DIRECTION TO THE RESPONDENT NO.2 AND 4 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER WHICH IS MARKED AS ANNEXURE-G DATED-13.03.2025 AND ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR ANY DIRECTION TO THE RESPONDENT NO.2 AND 4 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER WHICH IS MARKED AS ANNEXURE-H DATED- 07.04.2025 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Learned AGA is directed to accept notice for respondents-State. 2. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the matter is related to a civil post. Therefore, the petitioner has to approach the Karnataka State Administrative Tribunal. 3. The grievance in respect of ‘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 - 3 - HC-KAR NC: 2026:KHC:8599 WP No. 38893 of 2025 Kumar vs. Union of India and others reported in (1997) 3 SCC 261. 4. In view of the above, the writ petition is disposed of, reserving liberty to the petitioner to approach the appropriate legal forum, if law permits. 5. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose. 6. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 3