Citation : 2023 Latest Caselaw 861 Kant
Judgement Date : 13 January, 2023
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR.PRASANNA B.VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO.598 OF 2022 (S-RES)
BETWEEN:
SMT. C.M RENU
AGED ABOUT 55 YEARS,
W/O.B.C. GANAPATHI,
STAFF NURSE,
MANDYA MEDICAL COLLEGE
AND RESEARCH INSTITUTE,
MANDYA-571401.
... APPELLANT
(BY SRI MUKKANNAPPA.S.B, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001.
3. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT,
ANAND RAO CIRCLE, BANGALORE-560009.
4. THE DIRECTOR MEDICAL EDUCATION DEPARTMENT VIKASA SOUDHA BANGALORE-560 001
5. THE DEAN AND DIRECTOR MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA-571401.
6. SMT SUMITHRA DEVI N AGED ABOUT 58 YEARS, W/O SANJEEVAIAH, SENIOR STAFF NURSE, VANIVILAS HOSPITAL, BANGALORE 560002.
7. SMT JAYASUNDARI AGED ABOUT 58 YEARS, W/O ANBUKUMAR, SENIOR STAFF NURSE, VANIVILAS HOSPITAL, BANGALORE 560002.
8. SMT SAMPATH KUMARI B L AGED ABOUT 56 YEARS, W/O R. MOHAN, SENIOR STAFF NURSE, VANIVILAS HOSPITAL, BANGALORE 560002.
9. SMT KANTHA AGED ABOUT 57 YEARS, W/O KRISHNA, SENIOR STAFF NURSE, VANIVILAS HOSPITAL, BANGALORE 560002.
10 . SMT NIRMALASHARANAPPA AGED ABOUT 58 YEARS,
W/O ANDRAIAH, SENIOR SENIOR STAFF NURSE, VANIVILAS HOSPITAL, BANGALORE 560002.
11 . SMT SHOBHA AGED ABOUT 56 YEARS, W/O RAJAPPA, SENIOR STAFF NURSE, VANIVILAS HOSPITAL, BANGALORE 560002.
12 . SMT B V VENKATALAKSHMI AGED ABOUT 56 YEARS, W/O VENKATESH, SENIOR STAFF NURSE, VANIVALAS HOSPITAL, BANGALORE-560002.
13 . SMT NAGARATHANA M AGED ABOUT 54 YEARS W/O SIDDARAJU A.M. STAFF NURSE, MANDYA MEDICAL COLLEGE AND RESEARCH INSTITUTE, MANDYA 571401.
14 . SMT D M PARWATHI AGED ABOUT 54 YEARS W/O MOHAN M P STAFF NURSE, MANDYA MEDICAL COLLEGE AND RESEARCH INSTITUTE, MANDYA 571401.
15 . SMT SAVITHRAMMA AGED ABOUT 56 YEARS W/O B BABU STAFF NURSE, GOVT. GENERAL HOSPITAL MANDYA 571429
16 . SMT M G UMAVATHI AGED ABOUT 57 YEARS W/O AITHAPPA NAIK
STAFF NURSE GOVT GENERAL HOSPITAL MADDUR 571429
17 . SMT CHINNAMMA M U W/O PAVITHRA P P AGED ABOUT 59 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
18 . SRI G N SURENDRANATH S/O LATE D NANJUNDAPPA AGED ABOUT 53 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
19 . SRI KUMAR M H S/O LATE HANUMEGOWDA AGED ABOUT 51 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
20 . SMT JALAJAMANI K G W/O RAMAMURTHY AGED ABOUT 54 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
21 . SMT DHANALAKSHMI K D/O LATE P KESHAV, AGED ABOUT 53 YEARS, STAFF NURSE MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
22 . SANNARAJU K L S/O LATE LINGE GOWDA, AGED ABOUT 56 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
23 . KRSIHNA G C S/O LATE CHIKKAHYDEGOWDA, AGED ABOUT 49 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
24 . ANUSUYAMMA M B W/O RAMESH D N, AGED ABOUT 48YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
25 . PUNYAVATHI D/O THIBBEGOWDA, AGED ABOUT 46 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
26 . NAGARATHNA N R D/O LATE RANGAPPA, AGED ABOUT 43 YEARS, STAFF NURSE MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
27 . JAI BHARATHI D/O CHUNCHEGOWDA, AGED ABOUT 41 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
28 . NAVEEN KUMAR S D S/O DASAPPA AGED ABOUT 34 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
29 . SMT MYTHRI V S D/O LATE SRINIVASMURTHY AGED ABOUT 38 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
30 . SMT REKHA H S W/O BASAVARAJU A N AGED ABOUT 35 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
31 . SMT. MANJULA H B W/O THIMMANNA M K AGED ABOUT 38 YEARS, STAFF NURSE MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA-571 401
32 . SMT POORNIMA H R W/O SATHISH M AGED ABOUT 40 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA 571401
33 . SMT PADMA V W/O RAGHAVENDRA M C AGED ABOUT 43 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES 9MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA 571401
34 . SRI BHASKAR C V S/O VENKATARAJA C M AGED ABOUT 39 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA 571401
35 . SMT K POORNIMA W/O K GNANA MURTHY AGED ABOUT 37 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA 571401
36 . SRI SARPARAJ S/O SHIVASWAMY AGED ABOUT 45 YEARS STAFF NURSE MANDYA INSTITUTE
OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA 571401
37 . SRI RAGHU T S/O THIMMAIAH S AGED ABOUT 40 YEARS STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS, MANDYA 571401
38 . SMT VEENA KUMARI K W/O LINGARAJU A AGED ABOUT 39 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
39 . SMT VEDA K B W/O CHETHAN J V AGED ABOUT 37 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES MIMS DISTRICT HOSPITAL CAMPUS MANDYA -571 401
40 . SMT MANJULA K S W/O DEVARAJU T D AGED ABOUT 39 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
41 . SRI JAGANNATHA H S S/O SHANKAR SHETTY AGED ABOUT 37 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL
SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
42 . SMT ASHA S B W/O VISHWANATHA T M AGED ABOUT 39 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES MIMS DISTRICT HOSPITAL CAMPUS MANDYA -571 401
43 . SMT TULASIMANI G T W/O ANANTHA N P AGED ABOUT 37 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
44 . SRI UMESHA S K S/O LATE KUMARASWAMY AGED ABOUT 38 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
45 . SMT ROSE MARY T F W/O D S ANTHONY AGED ABOUT 44 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
46 . SRI PRABHUKUMARASWAMY C K S/O CHANDRASHEKHARAIAH AGED ABOUT 36 YEARS, STAFF NURSE, MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS)
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DISTRICT HOSPITAL CAMPUS MANDYA -571 401
47 . SMT THARA M W/O NAGARAJU B AGED ABOUT 37 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
48 . SMT GRACY N M W/O JOHNSON K V AGED ABOUT 39 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401
49 . SMT MAMATHA N S D/O SHIVARAJU AGED ABOUT 35 YEARS, STAFF NURSE MANDYA INSTITUTE OF MEDICAL SCIENCES (MIMS) DISTRICT HOSPITAL CAMPUS MANDYA -571 401 ... RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 TO R5; SRI VIJAY KUMAR V.B, ADVOCATE FOR C/R-17 TO 49,) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 19.04.2022 PASSED IN W.P.NO.6001/2020 C/W W.P.NO.5964/2020 AND W.P.NO.8855/2021 AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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JUDGMENT
The learned Additional Government Advocate accepts
notice for respondent Nos.1 to 5.
2. The learned counsel for the appellant submits
that pursuant to the order dated 24.11.2022, the costs of
Rs.5,000/- is deposited with the Karnataka State Legal
Services Authority today i.e., 13.01.2023 and receipt is also
placed on record along with the memo for withdrawal of the
appeal.
3. Though, it is stated in the memo for withdrawal
that the appellant be permitted to withdraw the appeal with
liberty to file a fresh writ appeal, we are not inclined to
grant liberty for filing a fresh appeal for the same cause.
4. Accordingly, the appeal is disposed of as
withdrawn.
5. In view of disposal of the appeal, pending
interlocutory applications do not survive for consideration
and are accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE KPS
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