Dr. Poornesh Gowda M S Vs Rajya Vakkaligara Sangha

DR. POORNESH GOWDA M S S/O SHANMUKHA, AGED ABOUT 32 YEARS, WORKING AS ASSISTANT PROFESSOR, EMERGENCY MEDICINE DEPARTMENT, KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES, K.R.ROAD, V.V.PURAM, BENGALURU- 560 004.

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RESIDING AT NO.402, 3RD FLOOR, 2ND CROSS, GURURAJ LAYOUT, 7TH BLOCK, 4TH PHASE, BANASHANKARI, BENGALURU- 560 085.

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Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka

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(BY SRI. H N VENKATESHA., ADVOCATE)

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AND:

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…PETITIONER

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RAJYA VAKKALIGARA SANGHA SOCIETY REGISTER UNDER K.S.R ACT, KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES PREMISES, PARVATHIPURAM, V.V.PURAM, K.R.ROAD, BANGALORE- 560 004, REPRESENTED BY ITS GENERAL SECRETARY

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THE PRINCIPAL,

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NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES PREMISES, PAVRVATHIPURAM, V.V.PURAM, K.R.ROAD, BANGALORE- 560 004.

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HEAD OF THE DEPARTMENT, DEPARTMENT OF EMERGENCY MEDICINE, KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES PREMISES, PAVRVATHIPURAM, V.V.PURAM, K.R.ROAD, BANGALORE - 560 004. REP BY DR.VARUN BYRAPPA, KIMS HOSPITAL, BENGALURU- 560004.

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MEDICAL SUPERINTENDENT, KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES PREMISES, PAVRVATHIPURAM, V.V.PURAM, K.R.ROAD, BANGALORE- 560 004.

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…RESPONDENTS

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(BY SRI. C N KESHAVA MURTHY., ADVOCATE FOR R1 TO R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE ISSUE A RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER BY GIVING HIM POSTING AT THE DEPARTMENT OF EMERGENCY MEDICINE IN TERMS OF THE ORDER PASSED BY THE 1ST RESPONDENT AT ANNEXURE-E AND PAY THE PETITIONER ARREARS OF SALARY FOR THE PERIOD NOVEMBER 2025 ONWARDS WITHOUT FURTHER DELAY., AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition petitioner seeks the following relief.

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"(a) Issue writ of mandamus directing the respondents to continue the services of the petitioner by giving him posting at the department of Emergency Medicine in terms of the order passed by the 1st respondent at Annexure-E vide order No.RVS/Admn/1462/25-26 dated : 02.12.2025 and pay the petitioner arrears of salary for the period November 2025 onwards without further delay.

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(b) Issue a writ in the nature of mandamus directing the 1st respondent to initiate appropriate action against respondents 2 to 4 for their attempts to illegally terminate the services of the petitioner by harassing and deactivating the petitioner's NMC Biometric attendance showing petitioner as deceased illegally and

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(C) Pass such other writ/order issue directions to the respondents as deemed fit under the circumstance of the case and allow this Writ Petition with cost, in the interest of justice and equity."

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Heard Learned counsel for the petitioner and learned

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counsel for the respondents and perused the material on record.

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NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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A perusal of the material on record will indicate that on 26.06.2024, the petitioner was selected and appointed to the post of Assistant Professor in the Department of Emergency Medicine in the respondents - Institute and on 07/10.11.25, the petitioner was posted in the Department of Orthopedics Vide Annexure - B produced along with the petition.

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Subsequently, vide Annexure - E dated 02.12.2025, the earlier order dated 07.11.2025 passed by the respondent - Sangha was revoked/cancelled and the petitioner was directed to work in the department of Emergency Medicine as per original appointment order dated 26.06.2024. It is the grievance of the petitioner that despite the aforesaid office order and Annexure - E dated 02.12.2025, the respondents are not implementing or giving effect to the said order and not permitting the petitioner to work in the Orthopedic Department, which consists of four units viz., Orthopedic Unit No.1, Unit No. 2, Unit No. 3 and Unit No. 4 and as such, petitioner is before this Court by way of the present petition.

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When the matter was posted before this Court on

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27.03.2026, this Court has passed the following interim order.

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NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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ORAL ORDER

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Sri.C.N.Keshavamurthy, learned

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counsel accepts notice for all the respondents and seeks time to secure instructions.

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Copies to be served.

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Learned counsel for the petitioner submits that despite the petitioner being retained in Emergency Medicine Department of the respondents and not being transferred to the Orthopedic Department of the respondents, the petitioner is not being permitted to work in either of the departments, which therefore resulted in irreparable injury and hardship to the petitioner.

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The said submission is placed on record.

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By way of an interim arrangement and without prejudice to the rights and contentions of both parties and making it subject to the final outcome of the writ petition, the concerned respondents are hereby directed to permit the petitioner to work in Orthopedic Department of the respondents - Institution, immediately, upon receipt of a copy of this order.

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6 - NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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Learned counsel for the respondents is directed to communicate this order to the concerned respondents to enable the petitioner to start working in the Orthopedic Department of the respondents-Institution from 28.03.2026.

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Re-list on 08.04.2026 at 2:30 p.m.

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Hand delivery of this order is permitted.

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Today, Dr. Jagannath, who is the Principal of

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respondent No.2 - Institution is physically present before the Court and submits that the respondents are ready to permit the petitioner to work in any of the four Orthopedic Units No.1, 2, 3 and 4, as Assistant Professor.

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A perusal of the office order at Annexure - E dated

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02.12.2025 will indicate that and the same reads as under:

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" OFFICE ORDER

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This office order serves to cancel the order No: KIMS: No/1562/2025-26, issued by the Chairman, GC, KIMS, the Principal, KIMS & the Director, KIMSH & KIMS on date: 07.11.2025 to depute Dr. Poornesh Gowda.M.S., Assistant Professor, Dept of Emergency Medicine to Department of Orthopedic.

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NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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Dr. Poornesh Gowda.M.S is hereby directed to continue to work in the Emergency Medicine Department as per the original appointment order No:RVS/Admn/607/2024-25, dated:26.06.2024."

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As can be seen from the earlier office order, dated 07.11.2025 deputing the petitioner from Department of Emergency Medicine to Orthopedic Department has been cancelled/revoked and the petitioner has been directed to continue to work in the Emergency Medicine Department as per the original appointment order dated 26.06.2026. It is a matter of record and an undisputed fact that except for the subsequent order dated 31.03.2026, which was passed by the respondent and signed by the General Secretary, pursuant to the aforesaid interim order passed by this Court in the present petition, which was without prejudice to the rights and contentions of the parties and subject to the final outcome of the petition, the aforesaid order at Annexure - E dated 02.12.2025 revoking the deputation of the petitioner from the Emergency Medicine Department to the Department of Orthopedic has not been revoked/cancelled has not been recalled as on today and the aforesaid office order dated 02.12.2025 continues to

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8 - NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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remain in force and operates between the parties even as on today.

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Under these circumstances, having regard to the statement made by Sri. Dr. Jagannath - the Principal of respondent No.2 - Institution that the petitioner would be permitted to work as an Assistant Professor in any of the four units of the Orthopedic Department, coupled with the fact that the Office Order and Annexure - E dated 02.12.2025 continues to subsist and remain in force and operate between the parties even as on today, I deem it just and appropriate to dispose of this petition by issuing certain directions.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby disposed of .

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(ii) In the first instance, the respondents are directed

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to give effect to and implement the office order at Annexure - E dated 02.12.2025 and permit the

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petitioner to work in the Emergency Medicine Department as per the original appointment order.

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9 - NC: 2026:KHC:19998 WP No. 1973 of 2026

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HC-KAR

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(iii) Alternatively, the respondents shall permit the petitioner to work as an Assistant Professor in Orthopedic Department Unit No.1 or Unit No.2 or Unit No.3 or Unit No.4 immediately upon receipt of a copy of this order.

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(iv) In addition there to the respondents are directed to clear/ pay all the arrears of salary payable to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

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(v) All rival contentions between the parties as regards the enquiry said to be pending against the petitioner are kept open and no opinion is expressed on the merits / demerits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BH List No.: 1 Sl No.: 1

Dr. Poornesh Gowda M S v. Rajya Vakkaligara Sangha

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Dr. Poornesh Gowda M S v. Rajya Vakkaligara Sangha

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