Disposed

Dr S G Mohan v. the State of Karnataka

Karnataka HC1 Jul 2024WP/15144/2024

Case brief

AI extract

What is this about?

An Ayurveda Medical Officer who underwent a liver transplant challenged a Tribunal order regarding his transfer/posting as Registrar of the Karnataka Ayurveda and Unani Practitioner's Board. The High Court directed respondents to consider his request for posting as IEC Programme Officer on health grounds within four weeks, allowing him to continue at his present posting meanwhile.

What did the court decide?

Direction to respondents 1 and 2 to consider petitioner's posting request as IEC Programme Officer on health grounds within four weeks; petitioner to continue at present posting till then.

Dr S G Mohan Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:24491-DB WP No. 15144 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2024

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PRESENT

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THE HON'BLE MRS JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 15144 OF 2024 (S-KSAT)

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BETWEEN:

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DR S G MOHAN, S/O GOVINDAPPA, AGED ABOUT 53 YEARS, WORKING AS MEDICAL OFFICER, GOVENMENT AYURVEDIC HOSPITAL, PANCHAVALLI, PERIYAPATNA TALUK, MYSORE DISTRICT-571107. R/AT NO.102, DADDAGALLI, 3^RD STAGE, NEAR NANDI CIRCLE, MYSORE-570033. …PETITIONER

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(BY SRI SATISH K, ADVOCATE)

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AND:

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE-560001.

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THE COMMISSIONER, DEPARTMENT OF AYUSH, DHANVANTRI ROAD, BANGALORE-560009.

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KARNATAKA MEDICINAL PLANT AUTHORITY, VANAVIKAS BUILDING (OPP. TO CET CELL), ROOM NO.104, 4^TH FLOOR, 18^TH CROSS ROAD, MALLESHWARAM, BENGALURU-560003, REP. BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI REUBEN JACOB, AAG A/W SRI VIKAS ROJIPURA AGA FOR R1 TO R3)

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2 - NC: 2024:KHC:24491-DB WP No. 15144 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO a) CALL FOR RECORDS FROM THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 20/04/2024 PASSED IN APPLICATION NO.50/2024 (ANNEXURE-A). b)SET ASIDE THE IMPUGNED ORDER DATED 20/04/2024 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE PASSED IN APPLICATION NO.50/2024 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NO.50/2024 AS SOUGHT FOR BY THE PETITIONER BEFORE THE HON'BLE TRIBUNAL (ANNEXURE-B) c) PASS ANY OTHER ORDER INCLUDING THE COST OF THIS WRIT PETITION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ANU SIVARAMAN J., MADE THE FOLLOWING:

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ORDER

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We have heard the learned counsel for the

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petitioner as well as learned Additional Advocate General, appearing for the respondents in the matter.

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It is submitted by the learned counsel for the petitioner that the petitioner is an Ayurveda Medical Officer who has undergone a liver transplant and is presently working as Medical Officer, Government Ayurvedic Hospital, Panchavalli, Periyapatna. It is submitted that his consent was obtained for posting as Registrar, Karnataka Ayurveda and Unani Practitioner's Board, Bangalore which post is lying

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3 - NC: 2024:KHC:24491-DB WP No. 15144 of 2024

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vacant. It is submitted that though an order of transfer was subsequently issued, the petitioner was not issued with movement orders and in the meanwhile, the second respondent had requested the cancellation of the order of posting on the ground that the petitioner is not senior enough for holding the post. It is further submitted that the Recruitment Rules do not provide that the post is to be filled up on the basis of seniority.

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It is further submitted by the learned counsel for the petitioner that the post of IEC Programme Officer in the office of the second respondent is lying vacant on account of retirement of Dr. Suma who was the last incumbent in the post and that the petitioner is ready and willing to join against the post if a posting is granted to him.

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Learned Additional Advocate General submits that the claim of the petitioner for a posting as IEC Programme Officer in the office of the second respondent will be considered and in the meanwhile, the petitioner will be permitted to continue at Periyapatna.

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4 - NC: 2024:KHC:24491-DB WP No. 15144 of 2024

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5. Having considered the contentions advanced and

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without going into the merits of the rival contentions, we direct the respondents No.1 and 2 to consider the request of the petitioner for posting as IEC Programme Officer in the office of the second respondent taking note of the health grounds which have been raised by him. Appropriate orders shall be passed within a period of four weeks from today.

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The petitioner will be permitted to continue at his

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present place of posting, till orders are passed as directed.

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Writ petition is disposed of, accordingly.

Sd/JUDGE

Sd/JUDGE

CHS

List No.: 2 Sl No.: 5

Dr S G Mohan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr S G Mohan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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