IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51932 OF 2019 (S-PRO) BETWEEN:
Smt.D Vendamani w/o Ramakrishna Aged 57 years r/a No.23, 12th Main 11th Cross, Kalidasa Layout Raghavendra Block, Srinagar Bengaluru-560060. .. Petitioner (By Smt.Sandya U Prabhu, Advocate) AND:
1. The Principal Secretary Department of Health and Family Welfare (Medical Education) Government of Karnataka Vikasasouda, Bangalore-560 001.
2. The Director Kidwai Cancer Hospital Dr.M H Marigowda Road Bangalore-560029.
3. Chief Administrative Officer Kidwai Cancer Hospital Dr.M H Marigowda Road Bangalore-560029. .. Respondents (By Sri C N Mahadeshwara, AGA for R1 & R2, Sri Aravind V Chavan, Advocate for R3) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R1 to consider the petitioner for the Grade 1 Nursing Superintendent who is an eligible candidate as per the seniority list annexed to Annexure-B dated 13.11.2019.
This writ petition coming on for preliminary hearing this day, the Court passed the following:
ORDER The short grievance of the petitioner is against non- consideration of her representation dated 13.11.2019, a copy whereof is at Annexure-D, wherein she has sought for consideration of her case for promotion to Nursing Superintendent Grade-I.
2. The learned panel counsel for the Respondents No.3 initially having opposed the writ petition now submits that, if reasonable period is prescribed by this Court, he will have no difficulty in considering petitioner’s representation in accordance with law if he also co-operates by furnishing required documents.
3. The stand of the respondent counsel is fair and reasonable.
4. In the above circumstances, writ petition is disposed off by directing the 3rd respondent to consider petitioner’s subject representation within a period of 8 weeks in accordance with law, and further to inform the petitioner the result of such consideration immediately.
If the consideration of the representation is not accomplished within the prescribed period despite the petitioner furnishing required material data, the 3rd respondent shall be liable to him to pay a cost of Rs.2,500/- for the delay of every month.
All contentions of parties are kept open. Now, no costs.
Sd/-
JUDGE HR