[Cites 2, Cited by 0]
Karnataka High Court
Basavanappa vs The State Of Karnataka on 1 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:16807
WP No. 103037 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 103037 OF 2016 (S-PRO)
BETWEEN:
BASAVANAPPA S/O. SIDDARAMAPPA,
AGE: 43 YEARS,
OCCUPATION: SENIOR STAFF NURSE,
R/O. H. NO.MIG-2/90, KHB COLONY,
NEAR BASAVI SCHOOL, NETAJI NAGAR,
BALLARI.
...PETITIONER
(BY SRI. T. HANUMAREDDY, AGA)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY TO GOVERNMENT,
HEALTH and FAMILY WELFARE DEPARTMENT
(MEDICAL EDUCATION), VIKASA SOUDHA,
BENGALURU.
2. THE STATE OF KARNATAKA,
R/BY ITS PRINCIPAL SECRETARY,
TO GOVERNMENT,
Digitally signed by HEALTH and FAMILY WELFARE SERVICES,
VISHAL NINGAPPA
PATTIHAL VIKASA SOUDHA, BENGALURU.
Location: High
Court of Karnataka,
Dharwad Bench, 3. DIRECTOR,
Dharwad
DIRECTORATE OF HEALTH and
FAMILY WELFARE SERVICES,
ANANDA RAO CIRCLE, BENGALURU.
4. COMMISSIONER,
DIRECTORATE OF HEALTH and
FAMILY WELFARE SERVICES,
ANANDA RAO CIRCLE, BENGALURU.
5. DIRECTOR/DEAN,
VIJAYANAGAR INSTITUTE OF
MEDICAL SCIENCES,
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BALLARI.
6. CHIEF ADMINISTRATIVE OFFICER,
VIJAYANAGAR INSTITUTE OF
MEDICAL SCIENCES, BALLARI.
7. THE CHAIRMAN,
GOVERNING COUNCIL
VIJAYANAGAR INSTITUTE OF
MEDICAL SCIENCES,
BALLARI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TOR4;
SRI. J.M.ANILKUMAR, ADVOCATE FOR R5;
R6 & R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.5 TO CONSIDER THE
REPRESENTATION OF PETITIONER VIDE ANNEXURE-E DATED
24.03.2016 AND PROMOTE HIM TO THE POST OF NURSING
SUPERINTENDENT GRADE-2 RETROSPECTIVELY FROM THE DATE OF
ELIGIBILITY IN THE RESPONDENT NO.5 INSTITUTE AND
CONSEQUENTLY DIRECT THE RESPONDENT NO.3 NOT TO POST THE
NURSING SUPERINTENDENT GRADE-2 OF HEALTH AND FAMILY
WELFARE SERVICES DURING COUNSELING THROUGH PROMOTION
FOR DEPUTATIONS TO VIMS, BALLARI (RESPONDENT NO.5) WITH
RESPECT TO PETITIONER AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this court seeking the
following prayer:
a. "ssue a writ of mandamus directing the Respondent
No.5 to consider the representation of petitioner
vide Annexure-E dated 24.03.2016 and promote
him to the post of Nursing Superintendent Grade-2
retrospectively from the date of eligibility in the
Respondent No.5 institute and consequently direct
the Respondent No.3 not to post the Nursing
Superintendent Grade-2 of Health and Family
Welfare Services during counseling through
promotion for deputations to VIMS, Ballari
(Respondent No.5) with respect to petitioner.
b. Such other writ or order as deemed fit in the
interest of justice and equity."
2. Heard Sri.T.Hanumareddy, learned counsel for
the petitioner, Smt.Girija S. Hiremath, learned HCGP for
respondent Nos.1 to 4 and Sri.J.M.Anilkumar, learned
counsel for respondent No.5.
3. Learned counsel appearing for the parties in
unison would submit that, the issue in the lis stands
covered by judgment rendered by Coordinate Bench of this
Court in W.P. No.102239/2016, disposed off on 01st
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November 2025. The Coordinate Bench of this Court held as
follows:
1. "The petitioners are before this Court seeking
the following prayer:
"A. Issue a writ or mandamus directing Respondent No.6 to
consider the representation of petitioners dated
10.06.2014, 27.09.2014 and 04.02.2016, vide
Annexures-E, E1 and E2 to promote them to the post of
Office Superintendents retrospectively in the Respondent
no.6 and 7 institute and consequently direct the
Respondent no.4 not to depute the office superintendents
of health and family welfare service during counseling
through promotion or deputation to VIMS, Ballari
(Respondent No.6).
B. Such other writ or order as deemed fit in the interest of
justice and equity."
2. Heard Sri. T.Hanumareddy, learned counsel for
the petitioners and Smt.Girija S. Hiremath, learned HCGP for
respondent Nos.1 to 5 and Sri.J.M.Anilkumar, learned counsel
for respondent No.6.
3. The petitioners were appointed in respondent
Nos.6 and 7-Institutes as Second Division Assistants. They
were subsequently promoted as First Division Assistants on
their respective dates. The petitioners thereafter submitted
representations seeking promotion to the cadre of Office
Superintendents on the basis of their seniority and alleged
entitlement. As the respondents have not considered their
representations, the petitioners are before this Court.
4. Learned counsel Sri J.M. Anilkumar, appearing
for respondent Nos.6 and 7, submits that if reasonable time
is granted, the representations of the petitioners will be
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considered and appropriate orders will be passed in
accordance with law.
5. In light of the above submission, I deem it
appropriate to dispose of the petition with a direction to the
respondents to consider the case of the petitioners and pass
necessary orders in accordance with law, within an outer limit
of 12 weeks from the date of receipt of a copy of this order, if
not earlier and if not already done.
6. Ordered accordingly."
4. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court
(supra), on all its fours and on the same reasons, the
subject petition also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
AC/CT-ASC
List No.: 2 Sl No.: 97
