Disposed

Smt Swaranalatha v. the Union Public Service Commission

Karnataka HC3 Jul 2024WP/16369/2024

Case brief

AI extract

What is this about?

The petition was disposed of on the ground that ESIC recruitment falls under the aegis of the Ministry of Labour and Employment, making the Central Administrative Tribunal the appropriate forum under Section 19 of the Administrative Tribunals Act, 1985. Liberty was granted to file a representation and pursue the CAT remedy.

What did the court decide?

Liberty granted to approach Central Administrative Tribunal; petition disposed of.

Smt Swaranalatha Vs the Union Public Service… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16369 OF 2024 (S-RES)

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BETWEEN:

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SMT SWARNALATHA D/O SRI JAYARAM NAIDU AGED ABOUT 40 YEARS RESIDING AT SLV ORCHID APARTMENT H NO 306, B BLOCK, 3RD FLOOR, SANTOSH NAGAR ATTUR YELAHANKA BANGALORE - 560064

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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SMT THARA BAI R D/O LATE RAJA NAIK AGED ABOUT 37 YEARS RESIDIN GAT NO 19/A ARADHYA NILAYA GANGARUDRAPPA LAYOUT ELE KODIGEHALLI BANGALORE - 560091

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SMT SOUMYA D M D/O SRI DEVARAJU K M AGED ABOUT 36 YEARS RESIDING AT NO 119 7TH CROSS, HOYSALA NAGAR SUNKADAKATTE BANGALORE - 560091

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SMT HEMA R G D/O SRI GOPALAPPA AGED ABOUT 33 YEARS RESIDING AT NO 1099 10TH MAIN 5TH CROSS PRAKASH NAGAR

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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RAJAJINAGAR BENGALURU - 560010

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SRI SIDDAMMA AGED ABOUT 25 YEARS S/O BASAVARAJA RESIDING AT NO 1-57 BENNUR WASTARI JEWARGI TALUK KALABURAGI - 585325

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SMT HEMALATH A R C/O SRI KEMPEGOWDA K R AGED ABOUT 36 YEARS RESIDING AT KAMASAGARA BAGINAGERE P O, THIPPASANDRA HOBLI, MAGADI TALUK RAMANAGARA - 562131

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SMT UMA D/O SRI SHIVANNA R AGED ABOUT 36 YEAR RESIDING AT NO 197 3RD MAIN 1ST CROSS, POORVI NILAYA, R R LAYOUT NAGADEVANAHALLI

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BANGALORE - 560056

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SMT SHAKILA D/O SRI T SHEKAR AGED ABOUT 58 YEARS RESIDING AT NO 119 3RD CROSS BEHIND JINDAL GOVT SHCOOL ABBIGERE DINNE CHIKKABANAVARA P O BANGALORE - 560090

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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SMT S SHASIKALA D/O SRI T SHEKAR AGED ABOUT 44 YEARS RESIDING AT NO 101, ABBIGERE EXTENSION CHIKKABANAVARA POST, BENGALURU - 560090

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SMT SINDHUJA K W/O SRI JAGADISH AGED ABOUT 32 YEARS RESIDING AT NO 2710/A 12TH MAIN ROAD D BLOCK RAJAJINAGAR BENGALURU - 560010

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SRI SUBHA C N W/O SRI NAVEEN KUAMR G AGED ABOUT 37 YEARS RESIDING AT NO 8 2ND FLOOR, 1ST C MAIN ROAD, SHIVANAGAR RAJAJINAGAR, BENGALURU - 560010

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…PETITIONERS

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(BY SRI. SATHISH KUMAR J., ADVOCATE)

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AND:

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THE UNION PUBLIC SERVICE COMMISSION UPSC BHAVAN, SHAHJAHAN ROAD, MAN SINGH ROAD AREA, NEW DELHI - 1160069 DULY REPRESENTED BY ITS CHAIRMAN

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THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE MEP SECTION

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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NIRMAN BHAVAN

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NEW DELHI- 110011

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THE DIRECTOR GENERAL ESI CORPORATION CIG MARG NEW DELHI - 110002

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…RESPONDENTS

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(BY SRI. H. SHANTI BHUSHAN, DSG FOR R1; SRI. B. PRAMOD, ADVOCATE FOR R2; SMT. M.P.GEETHA DEVI, ADVOCATE FOR R3)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING ISSUANCE OF RECRUITMENT SPECIAL ADVERTISEMENT VIDE NO. 52/2024 DTD. 28.03.2024 (ANNX-A) ISSUED IGNORING THE DIRECTIONS / RECOMMENDATIONS TO CONSIDER THE SERVICES RENDERED BY NURSE DURING COVID19 WHILE RECRUITING FOR THE SAID POSTS; QUASH THE IMPUGNED RECRUITMENT VIDE NO. 52/2024 DTD. 28.03.2024 (ANNX-A) TO THE EXTENT THAT THE SAME DOES NOT PRESCRIBE ANY PREFERENCE FOR THE STAFF NURSES HAVING SERVED 100 DAYS ON COVID DUTY AND FURTHER ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENTS TO IMPLEMENT THE ORDER DTD. 03.05.2021 ISSUED BY R-2 BY PRESCRIBING THE METHOD OF GRANT OF PREFERENCE IN REGULAR EMPLOYMENT AND GRANTING THE SAME TO APPLICANTS; DIRECT THE RESPONDENTS TO CONSIDER GRANTING OF BONUS MARKS TO THE STAFF NURSES, FOR THE SERVICES RENDERED DURING THE COVID-19 WITH THE PREFERENCE PROMISED TO THEM ON 03.05.2021.

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

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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ORDER

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The petitioners contend that they have completed more than 100 days of COVID related duty and are also eligible to participate in the selection process notified by the Union Public Service Commission [UPSC] as per Annexure-A to fill up the vacancies of Nursing Officers with the Employees' State Insurance Corporation [ESIC].

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The petitioners' case is that the Government of India has informed vide its

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Communication dated 03.05.2021 that the State/UT Government must consider giving preference in the regular appointments of Health professionals [with the Government and its Instrumentalities] to those who have completed a minimum of 100 days of COVID related duty, and this Communication is part of the scheme formulated to augment human resource for handling COVID-19 pandemic. The petitioners assert that despite the scheme as

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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aforesaid, the selection notification as per AnnexureA is signed in this regard.

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Sri. B. Pramod, the learned counsel, who is on record for the Government of India, points out that the subject notification is for appointment of Nursing Officers with ESIC which comes under the aegis of Ministry of Labour and Employment and therefore the petitioners must necessarily work out their remedy in the application filed with the Central Administrative Tribunal [Tribunal] under Section 19 of the Administrative Tribunals Act, 1985. This objection indeed is formidable and must be accepted resulting in disposing of the petition with liberty to the petitioners to avail such remedy.

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However, this Court must observe that given the circumstances upon which the petitioners rely, including that the examinations are scheduled in next few days in terms of the selection notification, they must also be at liberty to file representation with

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NC: 2024:KHC:24846 WP No. 16369 of 2024

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the concerned for permission to participate in the examination without prejudice to their right to seek preference and subject to the outcome in the application that they may prefer before the Tribunal.

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The petition stands disposed of accordingly.

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Sd/JUDGE

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Smt Swaranalatha v. the Union Public Service Commission

Case brief

What is this about?

What did the court decide?

Smt Swaranalatha v. the Union Public Service Commission

Case brief

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