IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.SOMASHEKAR WRIT PETITION No. 25383/2016 (S-RES) Between:
Dr. Asmataneem Bepari D/o Mohamad Sharif Aged about 29 years Asst. Professor, VIMS Bellari.
R/o No.19, Veerabhadracharinagara 5th Cross, Belgam-590016. ... Petitioner (By Sri. Lokesh Boovanahalli, Advocate (Absent)) And:
1. Government of Karnataka Rep. by its Secretary Detp. Of Health and Family Welfare Vidana Soudha Bangalore – 560001.
2. The Director Health and Family Welfare Anand Rao Circle Bangalore – 560009.
... Respondents (By Sri. T .S. Mahantesh, AGA for R-1 and R-2) ****** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to, direct the respondents to consider the representations dated 23.09.2015 and 18.02.2016 made by the petitioner at Annexure-C and D and etc., This Petition coming on for Hearing in ‘B’ group, this day, the Court made the following:
ORDER In this petition, the petitioner has sought for a direction to the respondents to consider the representations dated 23.09.2015 and 18.02.2016 as per Annexures-C and D. Further, to direct the respondents to revise the petitioner monthly salary of Rs.35,000/- to less than Rs.100 in Rs.81,761/- monthly payable to the Asst. Professors who are in service at Government Medical Colleges from the date of appoint and for such other reliefs.
2. None appear for the petitioner. As could be seen from the averments made in the petition, the petitioner contends that though he is working as Asst.Professor and discharging his duty as that of similarly situated Asst.Professors who are in Government Service, but he is not getting salary of Rs.81,761/- as is paid to them. The representations made in this regard as per Annexures-C and D have not been considered by the respondents.
3. Learned AGA for the respondents submits that as per Annexure-A petitioner has been appointed as Asst.Professor at Government Medical college for a period of three years at a consolidated monthly salary of Rs.35,000/- we.f.11.09.2014. Therefore, in view of the said condition appointment of the petitioner is only for a period of three years and it is not a regular appointment. Even in the representation as per Annexure-D the petitioner has stated that he has completed his master Degree under Government quota in May 2014 and as per the bond he is serving as a specialist Doctor for 3 years with consolidated pay of Rs.35,000/- p.m. Therefore, in this regard, learned AGA submits that the prayer made in writ petition has become infructuous in view of lapse of time and the same cannot be considered.
The submission is placed on record. Accordingly, the writ petition is dismissed as having become infructuous.
DKB Sd/- JUDGE