IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NOs.14122-14132/2019(S-KAT) BETWEEN:
1. SMT RENUKA M W/O MUNIRAJU AGED ABOUT 30 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) URBAN HEALTH CENTRE MARIKUPPAM K G F TALUK, KOLAR DISTRICT.
2. SMT BABY A W/O IMRANULLA AGED ABOUT 31 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) URBAN HEALTH CENTRE MARIKUPPAM K G F TALUK, KOLAR DISTRICT.
3. SMT SHILPA C S W/O MANJUNATHA AGED ABOUT 28 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) HOSSAR PRIMARY HEALTH CENTRE GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT 4. SMT O. PADMAVATHI W/O SUBRAYAMANI AGED ABOUT 43 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) MUDIMODAGU PRIMARY HEALTH CENTRE SRINIVASAUR TALUK, KOLAR DISTRICT 5. SMT P LAKSHMIDEVI W/O B PRAKASH AGED ABOUT 38 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) URBAN HEALTH CENTRE BANGARPET KOLAR DISTRICT 6. SMT M LAKSHMIDEVI W/O MUNIRATHNAM AGED ABOUT 44 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) THORLAK PRIMARY HEALTH CENTRE DINAHALLI SUB CENTRE KOLAR DISTRICT 7. SMT EVELIN W/O MOHAN K AGED ABOUT 39 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) PRIMARY HEALTH CENTRE, RADHNOOR SUB CENTRE CHINTHPALLI, CHINCHOLI(TALUK) KALBURGI DISTRICT.
8. SMT NARASAMMA W/O VIJAYAKUMAR AGED ABOUT 35 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) PRIMARY HEALTH CENTRE, MIRIYAN SUB-CENTRE ANWAR, CHINCHOLI(TALUK) KALBURGI DISTRICT 9. SMT B MANJULA W/O YASAWANTHAKOTI AGED ABOUT 35 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) PRIMARY HEALTH CENTRE KINNI SULTHAN SUB-CENTRE, SOLEGAON ALANDA (TALUK), KALBURGI DISTRICT 10. SMT HEMAMALINI W/O DILIPKUMAR AGED ABOUT 46 YEARS JUNIOR HEALTH ASSISTANT(FEMALE) PRIMARY HEALTH CENTRE NIDAGUNDA SUB-CENTRE KARCHIKHED CHINCHOLLI(TALUK) KALBURGI DISTRICT 11. KUM MAHAADEVI D/O SUBHASA PATNE AGED ABOUT 29 YEARS JHA(F), PHC YALASANGI SUB-CENTRE YALASANGI, ALAND TALUK KALBURGI DISTRICT ... PETITIONERS (BY SRI. VIJAYA KUMAR, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT VIDHAN SOUDHA BENGALURU-560001 2. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT ANANDARAO CIRCLE BENGALURU-560009 3. THE DIRECTOR HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT ANANDRAO CIRCLE BENGALURU-560009 4. THE DIRECTOR NATIONAL HEALTH MISSION DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES ANANDARAO CIRCLE BENGALURU-560009 5. THE DISTRICT HEALTH OFFICER KOLAR DISTRICT KOLAR-563101 6. THE DISTRICT HEALTH OFFICER CHIKBALLAPUR DISTRICT CHIKBALLAPUR-562101 7. THE DISTRICT HEALTH OFFICER KALBURGI DISTRICT KALBURGI-585101 (BY SRI. I.TARANATH POOJARY, AGA.) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF IMPUGNED ORDER DATED 19.03.2019 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.9172-9182/2018 VIDE ANNEXURE-A AND AFTER PERUSAL SET ASIDE THE SAME AND ALLOW THE APPLICATION.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER The legality and correctness of the order dated 19.3.2019 passed by the Karnataka State Administrative Tribunal (hereinafter referred to as the “Tribunal” for the sake of brevity) in Application Nos.9172-9182/2018 and connected matters are assailed in these writ petitions.
2. After arguing the matter for some time, learned counsel for the petitioners submitted that if a direction is issued to the respondents to consider the representations made by the petitioners within a reasonable time, ends of justice would be met.
3. In the circumstances, respondent Nos.1 and 2 are directed to consider the representations of the applicants with regard to age relaxation and service weightage in respect of contract services rendered by them under the National Health Mission in future recruitments in accordance with law and policy of the State Government, in an expeditious manner.
4. Accordingly, writ petitions are disposed off in the aforesaid terms.
Sd/- JUDGE Sd/- JUDGE DM/-