IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23rd DAY OF MAY 2017 BEFORE THE HON’BLE Mr. JUSTICE RAVI MALIMATH AND THE HON’BLE Mr. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION No.21539 OF 2017 (S-KSAT) BETWEEN:
Dr.Ratna.D.M, W/o.Dr.D.Shivakumar, Aged about 48 years, Working as Medical Officer, Yoga and Nature Cure, Ayush Department, District Hospital, Chitradurga-577 501, R/at “Samhita Nilaya”, D.No.1866/24, Old Vidyanagar Police Station Road, Vinayaka Badavane, Davangere-577 005. ...PETITIONER (By Sri.M.P.Srikanth, Advocate For Sri.M.S.Parthasarathi, Advocate) AND:
1. The State of Karnataka, By its Principal Secretary to Government, Department of Health and Family Welfare (Indian Medicine), Vikasa Soudha, Vidhana Veedhi, Bengaluru-560 001.
2. The Director, Department of Ayush, (Ayurveda, Yoga, Naturopathy, Unani and Sidda), Anandrao Circle, Bengaluru-560 009.
3. Dr.Shashidhar Talakal, Medical Officer, Naturopathy and Yoga, Government Nature Cure Hospital, Belgaum, Presently posted to Government Nature Cure Hospital, Ayush Department, Devaraj Urs Badavane, Davangere-577 006. ...RESPONDENTS (By Sri.E.S.Indiresh, Additional Government Advocate for R-1 & 2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dtd.28.4.2017 of the Karnataka Administrative Tribunal, Bengaluru in Application No.2552/2017 vide Annexure-B.
This petition coming on for preliminary hearing, this day, RAVI MALIMATH, J., made the following:-
ORDER The plea of the petitioner is that not withstanding the requirement of law for counseling before any transfer, the 3rd respondent is being accommodated in a position to which the petitioner is entitled to be posted.
2. Learned Government Advocate submits that without going into the merits of the petition, it is suffice to submit that the counseling would be held within a period of fifteen days from the date of receipt of copy of this order. When the counseling is held, the result of the counseling shall accrue to the benefit of the petitioner as well as others.
3. Submission of the learned Government Advocate is recorded.
4. Till the counseling takes place, neither the petitioner nor respondent No.3 shall be disturbed from their present position. Accordingly, petition is disposed of.
Sd/- JUDGE Sd/- JUDGE bnv*