Disposed

Sri. Pamesh Kattimani v. the State of Karnataka

Karnataka HC5 Jul 2024WP/40946/2017

Case brief

AI extract

What is this about?

ICTC counsellors and lab technicians challenged communications relieving and redeploying them after Central funding for the Centers stopped. The Court declined regularization relief but directed an enquiry by a Senior Officer nominated by the Principal Secretary into whether the Centers still function and petitioners' continuance, salaries, or right of first refusal on vacancies.

What the court decided

AI extract

Sri. Pamesh Kattimani Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28182 OF 2016 (S-RES)

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C/W WRIT PETITION NO. 30095 OF 2016 (S-RES) WRIT PETITION NO. 40946 OF 2017 (S-RES)

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IN WP NO. 28182/2016

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BETWEEN:

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SRI. L SUBRAMANYA S/O P.N. LAKSHMAIAH AGED ABOUT 46 YEARS WORKING AS ICTC COUNSELLOR COMMUNITY HEALTH CENTRE MUGURU T. NARASIPURA TALUK MYSORE DISTRICT.

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Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.08.03 11:18:37 +0530

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SRI. H.P. RAVINDRA S/O HANUMANTHAPPA AGED ABOUT 39 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE KULAMBI POST - 577 219 HONNALI TALUK DAVANAGERE DISTRICT.

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SRI. T.S. DHANANJAYA S/O LATE M.H. SHAMAIAH AGED ABOUT 44 YEARS WORKING AS LAB. TECHNOLOGIST

¶13

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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PRIMARY HEALTH CENTRE HULIYAR, CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT.

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SRI. C. DEVARJU S/O LATE CHIKKASIDDAIAH AGED ABOUT 48 YEARS WORKING AS ICTC COUNSELLOR PRIMARY HEALTH CENTRE, RAMPURA KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT.

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SMT. N.V. SARASWATHI W/O HA RAMALINGAIAH AGED ABOUT 46 YEARS WORKING AS LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE, RAMPURA KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT.

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SRI. PRABHAKAR M.L. S/O H.M. LINGAPPA AGED ABOUT 36 YEARS WORKING AS ICTC COUNSELLOR PRIMARY HEALTH CENTER KOPPA - 571 425. MADDUR TALUK, MANDYA DISTRICT.

¶19

SRI. UMESH YALAGURAPPA GOUDAR W/O YALAGURAPPA GOUDAR AGED ABOUT 38 YEARS WORKING AS LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE HOLE-ALUR 582 203, RON TALUK GADAG DISTRICT.

¶20

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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SRI. VIDYANAND M. IJERI S/O MALLAPPA AGED ABOUT 40 YEARS WORKING AS ICTC LAB. TECHNOLOGIST COMMUNITY HEALTH CENTRE KUDALASANGAM - 587 115. HUNAGUND TALUK BAGALKOT DIST.

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SRI. SHANTAVEERAYYA M HIREMATH S/O MALLIKARJUNAYYA HIREMATH AGED ABOUT 46 YEARS WORKING AS ICTC LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE AMINAGAD - 587 112 HUNAGUND TALUK BAGALKOT DIST.

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SRI. MALLANNA S/O HANUMANTHRAYA BELGUMPI AGED ABOUT 41 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE SULEPETH - 585 324 CHINCHOLI TALUK KALABURAGI DISTRICT.

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SRI. PAMESH KATTIMANI S/O HANUMANTAPPA AGED ABOUT 45 YEARS WORKING AS I.C.T.C. COUNSELLOR PRIMARY HEALTH CENTRE, JAVALAGERA TQ SINDANUR, DIST RAICHUR.

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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SRI. NAGARAJ S/O SIDDAPPA AGED ABOUT 35 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE GABBURE, TQ-DEVADURGA DISTR RAICHUR - 584 113.

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SRI. SOMANTH REDDY S/O ADAPPA AGED ABOUT 36 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE GUNJALLI TQ AND DIST -RAICHUR - 584 140.

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SRI. BAJARAPPA N S/O NALLAYYA AGED ABOUT 29 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE KODEKAL - 585 237 TQ SHRORAPUR DIST YEADAGIRI.

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SRI. SHIVAKUMAR S/O LINGAPPA TENGLI AGED ABOUT 37 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE DORANNALLI TQ, SHRORAPUR, DIST YADAGIRI.

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DIVAKAR S/O GURUNATH RAO BIRADAR AGE ABOUT 44 YEARS WORKING AS ICTC LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE DUBLAGUNDI - 585 418

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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HUMANABAD TALUK

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BIDAR DISTRICT.

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SRI. RAJAKUMAR K YATANUR S/O KALYANARAY YATANUR AGED ABOUT 33 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE, KOLHAR B. BAGEWADI TALUK VIJAYAPURA DISTRICT.

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SRI. SHRIKANTH GURULINGAPPA JAMAKHANDI S/O GURALINGAPPA JAMAKHANDI AGED ABOUT 39 YEARS WORKING AS LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE, KOLHAR B. BAGEWADI TALUK VIJAYAPURA DISTRICT.

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SRI. MUDAKAPPA PHAKRIAPPA AMBIGER S/O PHAKIRAPPA AMBIGER AGED ABOUT 38 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARYHEALTH CENTRE, BABALESHWAR VIJAYAPURA TALUK & DIST.

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SRI. SIDRAMAPPA BASAPPA KALLUR S/O BASAPPA KALLUR AGED ABOUT 39 YEARS WORKING AS I.C.T.C COUNSELLOR PRIMARY HEALTH CENTRE, DEVER HIPPARAGI (N) SINDAGI TALUK VIJAYAPURA DISTRICT.

¶41

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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SMT. JAYASHREE I/ SURAPUR D/O IRAPPA SURAPUR AGED ABOUT 32 YEARS WORKING AS LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE DEVER HIPPARAGI (N) SINDAGI TALUK VIJAYAPURA DISTRICT.

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SMT. NEELAMMA B. KORAKAHALLI D/O BHIMARAYA AGED ABOUT 39 YEARS WORKING AS LAB. TECHNOLOGIST PRIMARY HEALTH CENTRE HORTI, INDI TALUK VIJAYAPURA DISTRICT.

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…PETITIONERS

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(BY SRI.R. GEORGE LAZARUS., ADVOCATE FOR P1, 2,4,5,8,6,10,15,16,22; SRI, S.B. MUKKANNAPPA & SRI. G. NAVEEN KUMAR ADVOCATES FOR P3,7,9,11 TO 14, 17 TO 21)

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AND:

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THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HEALTH & FAMILY WELFARE (NATIONAL AIDS CONTROL ORGANIZATION) 9^TH FLOOR, CHANDRALOK BUILDING 36-JANAPATH, NEWDELHI - 110 001.

¶49

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE SERVICES, VIKASA SOUDHA BANGALORE - 560 001.

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THE COMMISSIONER HEALTH & FAMILY WELFARE SERVICES, GOVERNMENT OF KARNATAKA ANANDA RAO CIRCLE BANGALORE - 560 009.

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THE DIRECTOR HEALTH & FAMILY WELFARE SERVICES GOVERNMENT OF KARNATAKA ANANDA RAO CIRCLE BANGALORE - 560 009.

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THE KARNATAKA STATE AIDS PREVENTION SOCIETY, REPRESENTED BY ITS PROJECT DIRECTOR & MEMBER SECRETARY SIR C.V. RAMAN GENERAL HOSPITAL, 2^ND FLOOR, 80 FEET ROAD INDIRANAGAR BANGALORE - 560 038.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT K.C. GENERAL HOSPITAL ANNEXE MALLESHWARAM, BANGALORE- 560 003.

¶56

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, MSYORE

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, DAVANGERE.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, TUMKUR.

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10 THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, MANDYA.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION

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& CONTROL UNIT, CHICKMAGALUR

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, KODAGU DIST; MADIKERI

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, CHIKKABALLAPUR.

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, DAKSHINA KANNADA DIST, MANGALORE.

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15 THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, CHAMARAJANAGAR.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, HASSAN.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, DAVANGERE.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, GADAG

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, DHARWAD.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, KOPPAL.

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10 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, BELGAUM.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, KALABURAGI.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, VIJAYAPURA.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, RAICHUR.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, BELLARY.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, UTTAR KANNADA DIST, KARWAR.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, BAGALKOT.

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11 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, YADAGIRI.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT, BIDAR.

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…RESPONDENTS

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(BY SRI. JAGADISH GUNDAPPA KUMBAR, ADVOCATE FOR R1; SRI. NAVEEN CHANDRASHEKAR, AGA FOR R2 TO R4; SMT. SUMANA BALIGA M, ADVOCATE FOR R5 TO R29)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 05.03.2016 ISSUED BY THE R-5 AT ANNEXURE-U AND THE COMMUNICATION DATED 02.05.2016 ISSUED BY R-10 AT ANNEX-V AND THE COMMUNICATION DATED 04.05.2016 ISSUED BY R-5 AT ANNEX-W IN SO FOR AS THE PETITIONERS ARE CONCERNED.

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IN WP NO. 30095/2016

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BETWEEN:

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SRI. SRINATH B.M S/O MUNIYAPPA AGED ABOUT 34 YEARS WORKING AS I.C.T.C COUNSELLOR COMMUNITY HEALTH CENTRE

¶94

12 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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BETHAMANGALA, BANGARPET TALUK KOLAR DISTRICT.

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SMT. SUSHMA S W/O RAJESH BANGERA AGED ABOUT 28 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEARLTH CENTRE BIDKALKATTE, KUNDAPURA TALUK.

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…PETITIONERS

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(SRI. H.N. BASAVARAJU, ADVOCATE)

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AND:

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THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HEALTH & FAMILY WELFARE (NATIONAL AIDS CONTROL ORGANISATION) 9^TH FLOOR CHANDRALOK BUILDING 36 - JANPATH, NEW DELHI - 110 001.

¶102

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WLEFARE SERVICES VIKASA SOUDHA BANGALORE - 560 001.

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THE COMMISSIONER HEALTH & FAMILY WELFARE SERVICES GOVERNMENT OF KARNATAKA ANANDA RAO CIRCLE BANGALORE -560 009.

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THE DIRECTOR HEALTH & FAMILY WELFARE SERVICES

¶105

13 -

¶106

NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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GOVERNMENT OF KARNATAKA ANANDA RAO CIRCLE BANGALORE -560 009.

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THE KARNATAKA STATE AIDS PREVENTION SOCIETY, REPRESENTED BY ITS PROJECT DIRECTOR & MEMBER SECREATRY SIR C.V. RAMAN GENERAL HOSPITAL 2^ND FLOOR, 80 FEET ROAD, INDIRANAAGAR BANGALORE - 560 038.

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THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT KOLAR DISTRICT, KOLAR.

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THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT DAKSHINA KANNADA, MANGALORE.

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THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT UDUPI DISTRICT, UDUPI.

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THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT CHIKKAMAGALORE DISTRICT, CHIKKAMAGALORE.

¶113

THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT BANGALORE URBAN DISTRICT BANGALORE.

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THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT DAVANAGERE DISTRICT, DAVANAGERE.

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THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT YADGIR DISTRICT, YADGIR

¶116

14 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

¶118

THE DISTRICT PROGRAMME OFFICER DISTRIST AIDS PREVENTION & CONTROL UNIT TUMKUR DISTRICT, TUMKUR.

¶119

… RESPONDENTS

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(BY SRI. JAGADISH GUNDAPPA KUMBAR, CGC FOR R1; SRI. NAVEEN CHANDRASHEKAR, AGA FOR R2 TO R4; SMT. SUMANA BALIGA M, ADVOCATE FOR R5 & R6 TO R13)

¶121

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 05.03.2016 ISSUED BY THE R-5 AT ANNEX-U AND THE COMMUNICATION DATED 02.05.2016 ISSUED BY R-10 ANNEX-V AND THE COMMUNICATION DATED 04.05.2016 ISSUED BY R-5 AT ANNEX-W.

¶122

IN WP NO. 40946/2017

¶123

BETWEEN:

¶124

SRI. PAMESH KATTIMANI S/O HANUMANTAPPA AGED ABOUT 46 YEARS WORKING AS I C T C COUNSELOR, PRIMARY HEALTH CENTRE, JAVALAGEREA TQ SINDHANUR DIST - RAICHUR.

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SRI ANAND VENKAPPA S/O VENKAPPA AGED ABOUT 38 YEARS

¶126

15 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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WORKING AS I C T C COUNSELLOR, COMMUNITY HEALTH CENTRE ANEHOSUR, TQ LINGSUGUR DIST - RAICHUR.

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SRI NAGARAJ S/O SIDDAPPA WORKING AS I C T C COUSELLOR, PRIMARY HEALTH CENTRE, GABBURE TQ DEVADURGA DIST RAICHUR - 584113.

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SRI SOMANATH REDDY S/O ADAPPA WORKING AS I C T C COUSELLOR PRIMARY HEATH CENTRE GUNJALLLI TQ AND DIST RAICHUR - 584140.

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SRI PARASAPPA S SIRUR S/O SHIVARAYAPPA SIRUR AGED ABOUT 37 YEARS WORKING AS I C T C COUNSELLOR, PRIMARY HEALTH CENTER GALAGALI - 587117 BILAGI TALUK BAGALKOT DIST.

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SRI MALLANNA S/O HANMANTHRAYA BELGUMPI AGED ABOUT 42 YEARS WORKING AS IC T C COUNSELLOR, PRIMARY HEALTH CENTRE SULEPETH - 585324 CHINCHOLI TALUK KALABURAGI DISTRICT.

¶133

16 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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SMT RENUKA SHIVASHARANAPPA D/O SHIVASHARANAPPA AGED ABOUT 38 YEARS WORKING AS I C T C COUNSELLOR, COMMUNITY HEALTH CENTRE, MALKHED SEDAM TALUK KALABURAGI DISTRICT.

¶136

SMT SUGNYANI MALLIKARJUN D/O MALLIKARJUN AGED ABOUT 31 YEARS WORKING AS I C T C COUNSELLOR, COMMUNITY HEALTH CENTRE, DEVAL GHANAGAPUR - 585212 AFZALPUR TALUK KALABURAGI DISTRICT.

¶137

SRI SHIVAKUMAR S/O LINGAPPA TENGLI AGED ABOUT 38 YEARS WORKING AS I C T C COUNSELLOR, COMMUNITY HEALTH CENTER DORANNALLI TQ SHRORAPUR DIST YADAGIRI.

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SRI RAJAKUMAR K YATANUR S/O KALYANARAY YATANUR AGED ABOUT 34 YEARS WORKING AS I C T C COUNSELLOR, PRIMARY HEALTH CENTRE KOLHAR B BAGEWADI TALUK VIJAYAPURA DISTRICT.

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SRI MUDAKAPPA PHAKIRAPPA AMBIGER S/O PHAKIRAPPA AMBIGER AGED ABOUT 39 YEARS WORKING AS I C T C COUNSELLOR,

¶140

17 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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PRIMARY HEALTH CENTRE

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BABALESHWAR VIJAYAPURA TALUK & DIST.

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SRI SIDRAMAPPA BASAPPA KALLUR S/O BASAPPA KALLUR AGED ABOUT 40 YEARS WORKING AS I C T C COUNSELLOR, PRIMARY HEALTH CENTRE DEVER HIPPARAGI (N) SINDAGI TALUK VIJAYAPURA DISTRICT.

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SRI L SUBRAMANYA S/O P N LAKSHMAIAH WORKING AS I C T C COUNSELLOR, COMMUNITY HEALTH CENTRE MUGURU, T NARASIPURA TALUK MYSORE DISTRICT.

¶146

SRI C DEVARAJU S/O LATE CHIKKASIDDAIAH AGED ABOUT 49 YEARS WORKING AS I C T C COUNSELLOR PRIMARY HEALTH CENTRE RAMPURA KOLLEGALA TALUK CHAMRAJANAGAR DISTRICT.

¶147

SRI MAHESH

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S/O SWAMYGOWDA WORKING AS I C T C COUNSELLOR, COMMUNITY HEALTH CENTRE BEGUR, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT.

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SRI. BAJARAPPA S/O NALLAYYA AGED ABOUT 30 YEARS

¶150

18 -

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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WORKING AS I C T C COUNSELLOR, PRIMARY HEALTH CENTRE KODEKAL - 585 237 SHORPUR TALUK YADGIRI DISTRICT.

¶153

SMT K SUSHMARANI D/O M KRISHNOJI RAO AGED ABOUT 38 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE, NITTUR GUBBI TALUK TUMKUR DISTRICT.

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SRI T S DHANANJAYA S/O LATE M H SHAMAIAH AGED ABOUT 45 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE HULIYAR CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT.

¶155

SRI N PRABHAKAR S/O K NAGARAJAIAH WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE CHELUR TUMKUR TALUK & DIST.

¶156

B S KANTHARAJU S/O SEENAPPA AGED ABOUT 37 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE KYATHASANDRA TUMKUR TALUK & DISTRICT.

¶157

19 -

¶158

NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

¶159

SRI UMESH YALAGURAPPA GOUDAR W/O YALAGURAPPA GOUDAR WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE HOLE ALUR - 582203 RON TALUK GADAG DISTRICT.

¶160

SRI VIDYANAND M IJERI S/O MALLAPPA AGED ABOUT 41 YEARS WORKING AS ICTC LAB TECHNOLOGIST COMMUNITY HEALTH CENTER KUDALASANGAM - 577115 HUNAGUND TALUK BAGALKOTE DISTRICT.

¶161

SRI SHANTAVEERAYYA M HIREMATH S/O MALLIKARJUNAYYA HIREMATH AGED ABOUT 47 YEARS WORKING AS ICTC LAB TECHNOLOGIST PRIMARY HEALTH CENTER AMINAGAD - 587112 HUNAGUD TALUK BAGALKOT DIST.

¶162

SRI DIVAKAR S/O GURUNATH RAO BIRADAR AGED ABOUT 45 YEARS WORKING AS ICTC LAB TECHNOLOGIST PRIMARY HEALTH CENTER DUBLAGUNDI - 585418 HUMANABAD TALUK BIDAR DISTRICT.

¶163

SRI SHRIKANT GURALINGAPPA JAMAKHANDI S/O GURALINGAPPA JAMAKHANDI AGED ABOUT 40 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE,

¶164

20 -

¶165

NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

¶166

KOLHAR B BAGEWADI TALUK VIJAYAPURA DISTRICT.

¶167

SMT JAYASHREE I SURAPUR D/O IRAPPA SURAPUR AGED ABOUT 33 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE DEVER HIPPARAGI (N) SINDAGI TALUK VIJAYAPURA DISTRICT.

¶168

SMT NEELAMMA B KORAKAHALLI, D/O BHIMARAYA AGED ABOUT 40 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE HORTI INDI TALUK VIJAYAPURA DISTRICT.

¶169

SMT N V SARASWATHI W/O H A RAMALINGAIAH AGED ABOUT 47 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE RAMPURA KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT.

¶170

SRI K N SRIKANTAN S/O LATE K R NAGENDRAIAH AGED ABOUT 39 YEARS WORKING AS LAB TECHNOLOGIST COMMUNITY HEALTH CENTRE BEGUR GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT.

¶171

21 -

¶172

NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

¶173

SRI SANTOSH M SORAGANVI S/O MALLAPPA SORAGANVI AGED ABOUT 38 YEARS WORKING AS ICTC LAB TECHNOLOGIST PRIMARY HEALTH CENTRER LOKAPUR - 587122, MUDHOL TALUK BAGALKOTE DISTRICT.

¶174

SRI VINODKUMAR S/O MANIK AGED ABOUT 44 YEARS WORKING AS LAB TECHNOLOGIST PRIMARY HEALTH CENTRE SULEPETH - 585324 CHINCHOLI TALUK KALABURAGI DISTRICT.

¶175

SRI PRADEEP K BIRADAR S/O KRISHNAPPA BIRADAR AGED ABOUT 40 YEARS WORKING AS ICTC LAB TECHNOLOGIST PRIMARY HEALTH CENTER KODEKAL - 585237 TQ SHRORAPUR DIST YADAGIRI.

¶176

SMT SHUSMA S D/O SHEKARAMIN AGED ABOUT 29 YEARS WORKING AS ICTC LAB TECHNOLOGIST PRIMARY HEALTH CENTER BIGIKALKATTE - 576222 TQ KUNDAPUR DIST UDUPI.

¶177

…PETITIONERS

¶178

(BY SRI.S.B. MUKKANNAPPA., ADVOCATE FOR P1 TO P5; P7,P10 TO P12, P15 TO P18, P20, 21 23, 25,26,P29 TO P33;. SRI. R. GEORGE LAZARUS, ADVOCATE FOR P6, P8, P9, P13, P14, P19, P22, P24, P27, P28)

¶179

22 -

¶180

NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

¶181

AND:

¶182

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE SERVICES VIKASA SOUDHA BANGALORE - 560001.

¶183

THE KARNATAKA STATE AIDS PREVENTION SOCIETY REPRESENTED BY ITS PROJECT DIRECTOR & MEMBER SECRETARY SIR C V RAMAN GENERAL HOSPITAL 2^ND FLOOR, 80 FEET ROAD, INDIRANAGAR, BANGALORE - 560038.

¶184

THE JOINT DIRECTOR (BASICS DIVISION) SIR C V RAMAN GENERAL HOSPITAL 2^ND FLOOR, 80 FEET ROAD, INDIRANAGAR, BANGALORE - 560038.

¶185

THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT RAICHUR.

¶186

THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT TUMKUR.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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& CONTROL UNIT

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CHAMARAJANAGAR.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT GADAG.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT KALABURAGI.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT VIJAYAPURA.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT MYSORE.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT BAGALKOT.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT YADAGIRI.

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT BIDAR.

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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THE DISTRICT PROGRAMME OFFICER DISTRICT AIDS PREVENTION & CONTROL UNIT UDUPI.

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…RESPONDENTS

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(BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1; SMT. SUMANA BALIGA M.,ADVOCATE FOR R2 TO R4, R6 AND R8; R5, R7, R9 TO R14 ARE SERVED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 14/28-8-2017 PASSED BY R-2 AT ANNEX-J IN SO FAR AS THE PETITIOENRS ARE CONCERNED; DECLARE THAT THE R-2 HAS NO AUTHORITY TO EFFECT TRANSFERS OF THESE PETITIOENRS WHO ARE WORKING ON CONSOLIDATED SALARY BASIS WITH RESPECTIVE ESTABLISHMENT IN THE ABSENCY OF ANY POWER CONFERRED UPON THE R-2 EITHER UNDER THE BYE-LAWS OR ANY OTHER LAW TO THAT EFFECT AND AS SUCH, THE IMPUGNED OFFICIAL MEMORANDUM DATED 14/28-8-2017 AS PER ANNEX-J IS VOID.

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

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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ORDER

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These petitioners are aggrieved because of the different Communications issued by the Karnataka State Aids Prevention Society [the Society] which oversees the functioning of Integrated Counselling and Testing Centers [ the Centers ] established in the different Districts across the State, and the Communication by the Society is as regards the petitioners being relieved. The petitioners have also called in question certain orders issued by the Society deploying the petitioners to other Centers.

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This Court must observe that most of the petitioners have chosen to withdraw the writ petitions and only some of the petitioners in these writ petitions are prosecuting these petitions. The petitioners in the writ petition in W.P. No.40946/2017 will have the advantage of interim order granted against them being relieved or deployed. Sri R George Lazarus, the learned counsel

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for the petitioners, who have continued the petitions, Smt. Sumana Baliga, the learned standing counsel for the Society, and Sri Naveen Chandrashekar, the learned Additional Government Advocate for the first respondent, are heard.

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The learned counsels submit in unison that these Centers were funded by the Union Government and the Union Government has withdrawn their funding from the year 2014-15. Sri Naveen Chandrashekar and Smt. Sumana Baliga submit the following:

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[i] The Central Government has stopped funding these Centers because of the reports that the Centers could not achieve the requisite number of tests in a year.

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humanitarian reasons, has stepped in and is funding these Centers. Those who

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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were employed at these Centers were redeployed and are paid remuneration by the State Government.

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[iii] The petitioners though offered

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opportunity to be re-deployed have not availed such opportunities and the Centers they were working initially are now closed down.

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Sri R George Lazarus contests the

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submissions relying upon what he describes as copies of the Attendance Register to assert that in terms of the interim orders, the petitioners have continued to work at the Centers that they were initially appointed and these Centers have not been closed.

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5. These submissions narrow down the

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scope for consideration in these writ petitions. This Court must opine that the petitioners cannot seek a right for regularization or any other relief because the

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Centers were established with the Central Government's funding and these Centers are continued by the State Government subject to conditions such as, the number of tests that are conducted and the frequency with which those tests are conducted and the need for such tests. However, the question for consideration is:

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Whether this Court must opine that the petitioners must continue to be deployed at the Centers that they are deployed originally and continue because of the interim orders granted by this Court.

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If the petitioners, as aforesaid, rely upon

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copies of Attendance Registers, on behalf of the Society, an affidavit is filed stating essentially that other than those who have availed the opportunity of deployment are posted to certain Centers and others cannot be because those Centers are not working. These are aspects that must be examined after due opportunity and examination of records, and this exercise is not undertaken in the present

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proceedings. Further, this Court is of the considered view that the Principal Secretary, Department of Health and Family Welfare, under whose aegis the Society oversees the implementation of the project in different Districts, must nominate a Senior Officer and extend an opportunity not just to the petitioners but also to the Society to bring forth the circumstances and documents that they would like to rely upon to demonstrate their respective contentions.

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This Court must also opine that the petitioners' right to be continued in deployment would be contingent to the verification as aforesaid

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about the Centers being run and if it is after due opportunity and consideration and opining that the subject Centers are not functioning, they must be given the first opportunity to be re-deployed at the Centers where vacancies arise over a period of time. In the light of the afore, the following:

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NC: 2024:KHC:25631 WP No. 28182 of 2016 C/W WP No. 30095 of 2016 WP No. 40946 of 2017

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ORDER

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[a] The petitions in the writ petition

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Nos.28182/2016 and 30095/2016 stand disposed of without any further orders.

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[b] The writ petition in W.P. No.40946/2017 stands disposed of subject to the following directions:

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[i] The Principal Secretary, Department of Health and Family Welfare, Government of Karnataka, shall nominate a Senior Officer to enquire into the rival claims of the petitioners and the Society about the continuance of the subject Centers and the petitioners' continued deployment at these Centers.

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[ii] The Senior Officer so nominated by the Principal Secretary shall hold the first sitting on 22.08.2024 and the petitioners/Society shall be informed about the Officer who is nominated pursuant to this Order.

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[iii] The petitioners/Society, after being informed about the Officer who is nominated pursuant to this Order, shall be at liberty to place on record all materials to demonstrate their respective cases.

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[iii] The Officer so appointed shall file a Report within three months from 22.08.2024 with the Principal Secretary, Department of Health and Family Welfare, who shall pass orders for petitioners' continuance

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if the Centers are shown to be existing or to extend right of first

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refusal for deployment as and when

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the vacancy arises.

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[iv] The petitioners' claim for salaries must also be part of this enquiry.

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Sd/(B M SHYAM PRASAD) JUDGE

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AN/-

Sri. Pamesh Kattimani v. the State of Karnataka

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Sri. Pamesh Kattimani v. the State of Karnataka

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