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2026 DAILYLAW 46551 (KAR)

DR VEENALATHA v. THE STATE OF KARNATAKA

WP/4087/2024 · 2026-02-03

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 4087 OF 2024 (S-KSAT) BETWEEN: 1. DR. VEENALATHA, W/O DR. M. R. RANGARAJU, AGED 53 YEARS, CHIEF MEDICAL OFFICER (AYURVEDA), PRESENTLY WORKING AS DISTRICT AYUSH OFFICER, HASSAN DISTRICT, HASSAN-573202. RESIDING AT HOMBALE, CARMELMATHA ASHRAMA ROAD, HEMAVATHINAGARA, BEHIND VENKATESHWARA PU COLLEGE, HASSAN-573202. …PETITIONER (BY SRI RAGHAVENDRA G. GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, Digitally signed by VINUTHA B S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 VIKASA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF AYUSH, DHANVANTRI ROAD, NEAR ANANDA RAO CIRCLE, BENGALURU-560009. 3. DR. MOOSE BEARY, AGED MAJOR, MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, K.HIREHALLI, TALUK AND DISTRICT HASSAN. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA FOR R1 & R2; SRI V.R. SARATHY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 31.01.2024 IN A.No-4423/2023 VIDE ANNEXURE-A PASSED BY THE HON'BLE KSAT AND ALLOW THE SAID APPLICATION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, a Senior Medical Officer in the Health and Family Welfare Department is before this Court aggrieved by order dated 31.01.2024 in Application No.4423/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru [for short 'Tribunal'], whereby the petitioner's request to quash the Notification dated 03.10.2023 [Annexure-A.8], posting respondent No.3 as District AYUSH Officer has been refused. 2. The facts of the case are that the petitioner, who is in the cadre of Senior Medical Officer, was posted to work as Senior Medical Officer, at District AYUSH Office, Government Ayurvedic Hospital, Dundanayakanahalli, Hassan. Thereafter, under Notification dated 30.11.2020, the petitioner was entrusted with additional charge of the post of District AYUSH Officer of Hassan District. Yet, by another Notification dated 02.12.2020, the petitioner was continued in additional charge of the post of District AYUSH Officer, Hassan until further orders. Subsequently, under the impugned Notification dated 03.10.2023 [Annexure-R.1], respondent No.3 was posted as - 4 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 District AYUSH Officer, Hassan. Questioning the said Notification dated 03.10.2023, the petitioner approached the Tribunal in the above-stated application, contending that there is no post of District AYUSH Officer at Hassan District. The Tribunal, by the impugned order dated 31.01.2024, dismissed the petitioner's challenge to the posting of respondent No. 3 under Notification dated 03.10.2023. Further, the Tribunal held that the petitioner had completed minimum period of two years as District AYUSH Officer and observed that no fault could be found with the impugned notification, that too when it has been issued after approval of the Chief Minister, as required under the Transfer Guidelines. Questioning the said order of the Tribunal, the petitioner is before this Court in the said petition. 3. Heard Sri Raghavendra G. Gayathri, learned counsel for the petitioner, Sri Vikas Rojipura, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri V.R. Sarathy, learned counsel for respondent No. 3. Perused the writ petition papers. 4. Sri Raghavendra G. Gayathri, learned counsel for the petitioner, after arguing the matter for some time contending - 5 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 that respondent No.3 could not have been posted as District AYUSH Officer, Hassan on the ground he has no requisite eligibility for being posted as such, submitted that the petitioner would not press the relief sought. However, he submits that the petitioner has not been paid salary since March 2024 in the post of Senior Medical Officer and, therefore prays for a direction to the respondents to pay petitioner's salary from March 2024 as Senior Medical Officer. 5. On the other hand, Sri Vikas Rojipura, learned Additional Government Advocate, submits that the petitioner was placed under suspension and had approached the Tribunal in Application No.831/2025. The said application was allowed and the order of suspension was quashed by order dated 29.08.2025. Therefore, the petitioner's claim for payment of salary shall have to be considered in the light of his suspension and the subsequent order passed by the Tribunal. 6. Respondent No.1, the Principal Secretary to Government, Department of Health and Family Welfare, has filed an affidavit dated 03.02.2026 in pursuance to the direction issued by this Court dated 29.01.2026. - 6 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 The same is taken on record. 6.1 The affidavit, and documents filed along with the affidavit would indicate that District AYUSH Officer post at Hassan was sanctioned by the Government Order dated 13.02.2004 [Document No.1]. In view of the said Government Order, it cannot be contented by the petitioner that there is no post of District AYUSH Officer post at Hassan. Be that as it may. 7. The main prayer of the petitioner would not survive for consideration in view of the submission of learned counsel for the petitioner that the petitioner would not press for the prayer made in the writ petition and before the Tribunal. 8. With regard to claim of the petitioner that he has not been paid salary from March 2024, the petitioner shall submit a representation within one week from today. Respondent Nos.1 and 2 shall examine the said representation and pass appropriate order within 15 days from the date of receipt of the representation with regard to payment of salary to the petitioner. - 7 - HC-KAR NC: 2026:KHC:6136-DB WP No. 4087 of 2024 9. With the above, writ petition stands disposed of. Pending interlocutory applications, if any, also stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 9