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2026 DAILYLAW 7098 (KAR)

DR CHANDRAKALA G v. STATE OF KARNATAKA

WP/7566/2022 · 2026-03-11

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14573-DB WP No. 7566 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 7566 OF 2022 (S-KSAT) BETWEEN: DR. CHANDRAKALA G W/O LAKSHMISHA N G AGE 56 YEARS DEPUTY DIRECTOR (PC AND PNDT AND CHILD HEALTH) (UNDER ORDERS OF TRANSFER) OFFICE OF DIRECTORIAT OF HEALTH AND FAMILY WELFARE SERVICES ANAND RAO CIRCLE BANGALORE-560009 R/AT NO.69, 10TH MAIN, 2ND STAGE, BINNY LAYOUT VIJAYANAGAR, BANGALORE-560040. …PETITIONER (BY SRI. SUBRAHMANYA BHAT M., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES VIKAS SOUDHA, BANGALORE-560001. 2. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14573-DB WP No. 7566 of 2022 AROGYA SOUDHA, BANGALORE-560009. 3. THE CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, BANGALORE-560001. 4. DR. BASAVARAJ B DABADI AGED MAJOR MEDICAL OFFICER PRIMARY HEALTH CENTER, KAKATHI (HONOGA) BELAGAVI TALUK BELAGAVI DISTRICT-590001. 5. DR. VIVEK DORAI AGED MAJOR DEPUTY DIRECTOR, KPME DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES BANGALORE-560023. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1 TO R3 SRI BASAVARAJ BALAPPA DHABADI – (PARTY IN PERSON) FOR C/R4) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.03.2022 PASSED IN THE APPLICATION NO.383/2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE VIDE ANNEXURE-A AND ALLOW THE APPLICATION AS PRAYED. 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:14573-DB WP No. 7566 of 2022 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.M.Subrahmanya Bhat for petitioner as well as learned Additional Government Advocate Sri.K.R.Rajendra for respondent Nos.1 to 3. 2. Learned counsel Sri.M.Subrahmanya Bhat for petitioner would submit that in the above writ petition, the subject matter is with regard to transfer of the petitioner by counseling. He further submits that subsequently, during the pendency of the writ petition, posting has been provided to the petitioner on 20.03.2025 to the Primary Health Centre, Varthur, Bengaluru. Therefore, he submits that the petition insofar as transfer is concerned, would not survive for consideration. 3. Further, learned counsel submits that the petitioner was made to wait for three years to be given posting. Hence, the said period shall have to be treated as compulsory waiting and the petitioner would be entitled for all consequential financial benefits. 4. In that regard, it is open for the petitioner to submit representation to respondents No.1 and 2 and establish that - 4 - HC-KAR NC: 2026:KHC:14573-DB WP No. 7566 of 2022 the petitioner was entitled for posting on 27.01.2022 and he was denied posting from the said date till 20.03.2025. If such representation is made, respondents No.1 and 2 shall consider the same in accordance with law and pass appropriate order within three months from the date of submitting representation. 5. Learned counsel Sri.M.Subrahmanya Bhat undertakes that within two weeks, the petitioner would submit the representation as stated above. 6. With the above, writ petition stands disposed of. 7. In view of disposal of the writ petition, all the pending I.As would not survive for consideration. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms