Ms. T Nethravathi vs The State Of Karnataka
2023 Latest Caselaw 7673 Kant

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                                                      NC: 2023:KHC:41082-DB
                                                        WA No. 337 of 2021
                                                    C/W WA No. 426 of 2020



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 15TH DAY OF NOVEMBER, 2023

                                          PRESENT
                          THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                            AND
                           THE HON'BLE MR JUSTICE RAJESH RAI K
                             WRIT APPEAL NO. 337 OF 2021 (S-RES)
                                            C/W
                             WRIT APPEAL NO. 426 OF 2020 (S-RES)
                IN W.A.NO.337/2021
                BETWEEN:

                1.   MS. S. SARITHA
                     C/O SMT N S SHARTHI
                     AGED 37 YEARS
                     WORKING AS STAFF NURSE
                     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
                     SHIMOGA-577201.

                2.   M S H N SUNITHA
                     D/O NANJAIAH
                     AGED 45 YEARS
Digitally            WORKING AS STAFF NURSE
signed by D          SHIMOGA INSTITUTE OF MEDICAL SCIENCES
K BHASKAR
                     SHIMOGA-577201.
Location:
High Court of
Karnataka       3.   MS K HEMAVATHI
                     D/O KRISHNAPPA
                     AGED 42 YEARS
                     WORKING AS STAFF NURSE
                     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
                     SHIMOGA-577201.

                4.   MS H M SUDHA
                     D/O H M MARUTHI
                     AGED 36 YEARS
                     WORKING AS STAFF NURSE
                     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
                     SHIMOGA-577201
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                                       WA No. 337 of 2021
                                   C/W WA No. 426 of 2020



5.    MS REVATHI
      D/O KORAGU HEGDE
      AGED 40 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

6.    MS H R PUSHPA
      W/O SACHIDANANDA MURTHY
      AGED 42 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

7.    MS ESTHAR
      W/O DANIAL DAVID KUMAR
      AGED 40 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

8.    MS ANITHA JASMINE
      D/O B PRABHUDASA
      AGED 37 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201

9.    MS B M SHOBHA
      D/O MARAIAH,
      D/O Y N SRIKANTEGWODA
      AGED 43 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

10.   MS N GEETHA
      D/O NAGENDRAPPA
      AGED 35 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.
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                                       WA No. 337 of 2021
                                   C/W WA No. 426 of 2020



11.   MS N S AMITHA
      D/O LATE SEENAPPA
      AGED ABOUT 38 YEARS,
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

12.   MS C JAYAMMA
      D/O GINGI CHOWDAPPA
      AGED 44 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

13.   MS S USHA
      W/O MANJUNATHA
      AGED 40 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

14.   MS J H REKHA
      W/O ANIL KUMAR
      AGED 40 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

15.   MS U N LALITHAMMA
      W/O LOHITH KUMAR
      AGED 39 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

16.   MS N D VINUTHA
      W/O S B MOGARAJ
      AGED 34 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

17.   SMT M RESHMA
      D/O MOHAN SAB
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                                        WA No. 337 of 2021
                                    C/W WA No. 426 of 2020



      AGED 39 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

18.   FILOMINA FERNANDEES
      W/O PEETER D'SOUZA
      AGED 47 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

19.   MS L D BHARATHI
      D/O L B DYAVAPPA
      AGED 37 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

20.   MS HARINI
      D/O SHANTHAPPA GOWDA
      AGED 41 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201.

21.   MS S M BHARATHI
      W/O GIRISH
      AGED 41 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA-577201
                                              ...APPELLANTS
(BY MRS. SUVARNA - ADVOCATE FOR
    SRI. PUTTE GOWDA K.,ADVOCATE)

AND:
1.    THE STATE OF KARNATAKA
      REP BY ITS SECRETARY TO GOVERNMENT
      HEALTH AND FAMILY WELFARE DEPARTMENT
      (MEDICAL EDUCATION) VIKAS SOUDHA
      BENGALURU-560 001.
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                                      WA No. 337 of 2021
                                  C/W WA No. 426 of 2020



2.   THE DIRECTOR
     HEALTH AND FAMILY WELFARE SERVICES
     (MEDICAL EDUCATION)
     ANANDA RAO CIRCLE
     BENGALURU-560 009.

3.   THE DIRECTOR/PRINCIPAL
     SHIMOGA INSTITUTE OF MEDICAL SCINECES
     SHIMOGA -577201.

4.   KARNATAKA EXAMINATIONS AUTHORITY
     18TH CROSS SAMPIGE ROAD
     MALLESHWARAM WEST
     BENGALURU-560 012
     REPRESENTED BY ITS DIRECTOR.

5.   MS. T. NETHRAVATHI
     W/O B. V. VIRUPAKSHAMURTY
     AGED 42 YEAR
     WORKING AS STAFF NURSE
     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
     SHIMOGA.

6.   MOHAMMED SHAHID HUSSEIN TEEPU
     S/O MOHAMMED JAFFAR HUSSEIN
     AGED ABOUT 35 YEARS
     WORKING AS STAFF NURSE
     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
     SHIMOGA.

7.   MS JAYAKUMARI
     D/O SUBBARAYA
     AGED ABOUT 38 YEARS
     WORKING AS STAFF NURSE
     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
     SHIMOGA.

8.   MS. MONIKA D SOUZA
     D/O THAMAS D'SOUZA
     AGED ABOUT 36 YEARS
     WORKING AS STAFF NURSE
     SHIMOGA INSTITUTE OF MEDICAL SCIENCES
     SHIMOGA.
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                                       WA No. 337 of 2021
                                   C/W WA No. 426 of 2020



9.    MS. K SHOBHA
      D/O LATE KANNASWAMY
      AGED ABOUT 42 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA.

10.   MS. E.T. BINDU
      D/O THANGAPPA
      AGED 37 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA.

11.   MS SHOBA. G. B.
      D/O BASAVARAJAPPA. G.
      AGED 38 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA.

12.   SMT. MANGALAMMA. S
      D/O SHIVANNA
      AGED 40 YEARS
      WORKING AS STAFF NURSE
      SHIMOGA INSTITUTE OF MEDICAL SCIENCES
      SHIMOGA.
                                              ...RESPONDENTS

(BY MRS. ASMA KOUSER - AGA FOR R-1 AND R-2; SRI. S B TOTAD - ADVOCATE FOR R-3; RESPONDENTS NO.4, 6, 9, 10 & 12 SERVED AND UNREPRESENTED)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 18/09/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NOS. 39878-906/2018 AND CONSEQUENTLY ALLOW THE SAID WRIT PETITIONS AS PRAYED FOR BY THE APPELLANTS BEFORE THE LEARNED SINGLE JUDGE.

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IN W.A.NO.426/2020 BETWEEN:

1. MS. T. NETHRAVATHI (VIDE COURT ORDER DATED 26.05.2023 APPELLANT NO.1 IS DELETED)

2. MS JAYAKUMARI D/O SUBBARAYA AGED ABOUT 38 YEARS WORKING AS STAFF NURSE SHIMOGA INSTITUTE OF MEDICAL SCIENCES SHIMOGA-577201.

3. MS. E.T. BINDU D/O THANGAPPA AGED 38 YEARS WORKING AS STAFF NURSE SHIMOGA INSTITUTE OF MEDICAL SCIENCES SHIMOGA-577201.

4. MS SHOBA. G. B.

D/O BASAVARAJAPPA. G.

AGED 38 YEARS WORKING AS STAFF NURSE SHIMOGA INSTITUTE OF MEDICAL SCIENCES SHIMOGA-577201.

5. SMT. MANGALAMMA. S D/O SHIVANNA AGED 40 YEARS WORKING AS STAFF NURSE SHIMOGA INSTITUTE OF MEDICAL SCIENCES SHIMOGA-577201.

...APPELLANTS (BY SRI. SATISH .K - ADVOCATE) AND:

1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION), VIKAS SOUDHA BENGALURU-560 001.

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2. THE DIRECTOR HEALTH AND FAMILY WELFARE SERVICES (MEDICAL EDUCATION) ANANDA RAO CIRCLE BENGALURU-560 009.

3. THE DIRECTOR/PRINCIPAL SHIMOGA INSTITUTE OF MEDICAL SCINECES SHIMOGA -577201.

4. KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS SAMPIGE ROAD MALLESHWARAM WEST BENGALURU-560 012 REPRESENTED BY ITS DIRECTOR.

...RESPONDENTS (BY MRS. ASMA KOUSER - AGA FOR R-1 AND R-2; SRI. S B TOTAD - ADVOCATE FOR R-3; RESPONDENT NO.4 SERVED AND UNREPRESENTED)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 18/09/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NOS. 39882/2018, 39885/2018, 39901/2018, 39905/2018, 39906/2018 AND CONSEQUENTLY ALLOW THE SAID WRIT PETITIONS AS PRAYED FOR BY THE APPELLANTS BEFORE THE LEARNED SINGLE JUDGE

THESE WRIT APPEALS, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel Ms. Suvarna appears before Court

physically and represents the learned counsel Shri Putte

Gowda K who is on record for the appellants in

W.A.No.337/2021. Learned AGA Smt. Asma Kousar for

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Respondent Nos.1 and 2 in both the appeals appears before

Court physically. Shri S.B. Totad is the counsel on record for

Respondent No.3 in both the appeals.

2. The learned counsel for appellants in

W.A.No.337/2021 has filed a memo dated 25.10.2023

stating that they seek to withdraw the appeal, as the

appellants do not wish to prosecute the matter any further.

3. The memo dated 25.10.2023 is taken on record and

the appeal W.A.No.337/2021 is dismissed as withdrawn.

4. Learned counsel Shri Satish K for appellants in the

connected appeal in W.A.No.426/2020 has filed a memo

dated 14.07.2023 in compliance with the order of this Court

dated 26.05.2023 enclosing the amended cause-title in the

matter. The said memo is taken on record.

5. Further, learned counsel Shri Satish K for

appellants has filed a memo dated 27.10.2023 stating that

during the pendency of the present appeal, the respondents

have orally informed the appellants that favourable steps are

being taken to regularize the services of the appellants

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herein. In view of the subsequent developments, it is stated

that the appellants do not intend to prosecute the appeal in

W.A.No.426/2020 and therefore seek to withdraw the

appeal.

6. The memo dated 27.10.2023 is placed on record and

the appeal in W.A.No.426/2020 is also dismissed as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

KS