Dismissed

Dr Srihari S R v. the State of Karnataka

Karnataka HC12 Oct 2020WP/8171/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the writ petition challenging the absorption of a doctor as having become infructuous. The respondent doctor resigned from the selected post and joined service after a subsequent selection process. No interim order was granted, and the petition was closed without substantive adjudication on the original grievance. Article 226 and 227. Judgment dated 12 Oct 202

What did the court decide?

The writ petition was dismissed as having become infructuous.

Dr Srihari S R Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF OCTOBER, 2020

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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WRIT PETITION No.8171/2018 (S - RES)

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BETWEEN

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DR. SRIHARI S.R., AGED ABOUT 31 YEARS, S/O LATE RAMU S.S., NO.11/8, 1^ST CROSS, G.H.LAYOUT, 3^RD BLOCK EAST, JAYANAGAR, BENGALURU – 11. (BY SRI JAGADEESH M.L., ADVOCATE (ABSENT))

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... PETITIONER

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AND

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 01.

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THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPT. (SERVICES) GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD, BENGALURU – 560 009.

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THE SECRETARY MEDICAL EDUCATION DEPARTMENT, ANAND RAO CIRCLE, NEAR CITY RAILWAY STATION, BENGALURU – 560 009.

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KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, REP. BY ITS DIRECTOR, DR.M.H.MARI GOWDA ROAD, BENGALURU – 560 029.

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DR.K.V.MANJUNATH ASSISTANT SURGEON, KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, DEPARTMENT OF SURGICAL ONCOLOGY, DR.M.H.MARI GOWDA ROAD, BENGALURU – 560 029.

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... RESPONDENTS

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(BY SRI VENKAT SATYANARAYAN A., HCGP FOR R1 – R3 (PHYSICAL HEARING); SRI ARAVIND V. CHAVAN, ADVOCATE FOR R4 (PHYSICAL HEARING); SMT.FARAH FATHIMA, ADVOCATE FOR R5 (VIDEO CONFERENCING))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN INTERIM ORDER TO STAY FURTHER OPERATION OF ORDER DATED 08.12.2016 PASSED BY THE RESPONDENT NO.2 I.E., ANNEXURE-A.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioner has

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challenged the order dated 08.12.2016, by which three doctors were absorbed into services by the fourth respondent – Kidwai Memorial Institute of Oncology Institute (referred to as ‘the Institute), one of whom was the fifth respondent.

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During the pendency of the writ petition, the fourth respondent – Institute called for the applications on 26.07.2019, for appointment for the post of Associate Professor. Fifth respondent who had applied to the post was selected on 11.03.2020.

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In view of the selection, the fifth respondent

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has resigned from the post of Associate Professor on 11.03.2020 and has reported to duty to the fourth respondent – Institute on 27.07.2020. The grievance of the petitioner was the absorption of the fifth

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respondent in the Institute. Since he is no longer working in the Institute, the grievance of the petitioner does not survive for further consideration in view of the aforestated subsequent development. Hence, the writ petition is dismissed as having become infructuous.

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Sd/JUDGE

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nvj CT:MJ

Dr Srihari S R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr Srihari S R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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