Dismissed

Sri. Daneshwari Seva Samsthe Belagavi v. the State of Karnataka

Karnataka HC19 Nov 2024WP/101995/2023

Case brief

AI extract

What is this about?

This writ petition challenged a circular withdrawing a government scheme where a registered society managed Primary Health Centers. The court dismissed the petition, noting the government's prerogative to withdraw the scheme, and allowed the petitioner liberty to claim dues separately.

What did the court decide?

Petition dismissed; liberty reserved to claim outstanding remuneration under the general law for services rendered.

Sri. Daneshwari Seva Samsthe Belagavi Vs… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:16774 WP No. 101995 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101995 OF 2023 (GM-RES)

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BETWEEN:

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SRI. DANESHWARI SEVA SAMSTHE BELAGAVI, A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, REPRESENTED BY ITS SECRETARY, SRI. PRAVEEN S/O. CHANDRAKANT RUGE, AGED ABOUT 29 YEARS, OCC: SECRETARY, R/O. ANJANEYA NAGAR, M.M. EXTENSION, BELAGAVI, TQ: AND DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. G.I. GACHCHINAMATH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY TO DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIDHANA VEEDHI, BENGALURU-1.

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MALLIKARJUN RUDRAYYA KALMATH

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE DIRECTOR, DEPARTMENT OF HEALTH AND FAMILY WELFARE AROGYA SOUDHA, MAGADI ROAD, (BEHIND LEPROSY HOSPITAL) BENGALURU.

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THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE AROGYA SOUDHA, MAGADI ROAD, (BEHIND LEPROSY HOSPITAL), BENGALURU.

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THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, BELAGAVI, TQ: AND DIST: BELAGAVI.

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THE TALUKA HEALTH OFFICER, KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP)

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2 - NC: 2024:KHC-D:16774 WP No. 101995 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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a) QUASH THE IMPUGNED CIRCULAR DATED 17-3-2023 BEARING NO.SE.AA/AA.BHA/101/2022-23 ISSUED BY THE RESPONDENT NO.3 PRODUCED AS ANNEXURE-J SO FAR IT PERTAINS TO THE WORK ORDER AND WORK AGREEMENT OF THE PETITIONER VIDE ANNEXURES-C TO H, BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS.

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b) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DISTURB THE WORK ORDER AND WORK AGREEMENT VIDE ANNEXURES-C TO H TILL THE PERIOD SPECIFIED PERIOD IS OVER AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard learned counsel for the petitioner and learned

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AGA for respondent/State.

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2. Petitioner has questioned Annexure-J i.e., a circular issued dated 17.03.2023 by respondent No.3. It is the contention of learned AGA that the circular has been withdrawn by the impugned Annexure-J, which was primarily initiated to provide an opportunity to private medical colleges, Non-Government organizations, trusts, charitable, institutions and philanthropic organizations to either to fully manage the Primary Health Centers with

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3 - NC: 2024:KHC-D:16774 WP No. 101995 of 2023

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financial assistance by Government of Karnataka or to contribute to the improvements of the facilities or to improve the services delivery without directly managing the Primary Health Centres. As per the said scheme floated by the Government of Karnataka at Clause-21, it provides for closure which reads as under:

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“21. Closure :

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Either on completion of the entrustment period or on termination of contract by either side, the agency shall hand over the possession of all assets originally given to the agency, by the Government, as well as the any assets added to the institution with the prior written consent of the District Health and family Welfare Officer.”

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3. Petitioner l is a registered society is engaged in

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catering to medical aid participated in the scheme and deployed certain medical staff and Doctors in the District Health Centers, Primary Health Centers. It is the grievance of the petitioner that pursuant to participating in this scheme, some of the staff have not been paid

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4 - NC: 2024:KHC-D:16774 WP No. 101995 of 2023

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remuneration for the services rendered. Hence the

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petitioner is before this Court.

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4. Once the Government floats the scheme for a specific purpose, it is within the prerogative and domain of the Government to withdraw the scheme as provided in the scheme itself, which by virtue of Clause 21, if at all the petitioner is aggrieved by non-payment of any amount, which they are legally due to be paid. They are at liberty to claim the amount in the manner known to law. This Court cannot go into the disputed questions of fact.

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5. Under the circumstances and in view of the submissions made by the learned counsel and the Annexure-J, which withdraws the scheme of the Government, the petition can be disposed of in the following manner :

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This petition is disposed of.

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Liberty is reserved to the petitioner to claim any amount which they are entitled to as per law for having worked based on the scheme formulated by the Government vide Annexure-R2 i.e., Aurogya Bandhu

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