IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION Nos.4071-4115 OF 2018 (S-RES) BETWEEN:
1. Smt. Shwetha H.M., D/o. Sri. Manohar H.M. Aged about 35 years, Working as Junior Health Assistant Female, Urban Primary Health Centre, Harihar, Davanagere -577601.
2. Smt. Kavita M.L., D/o. Sri. Linganagoudaru, Aged about 26 years, Working as Junior Health Assistant Female, Urban Primary Health Center, Harihara, Davanagere -577601.
3. Smt. Mamata R.T., D/o. Sri. Thippeswamy, Aged about 26 years, Working as Junior Health Assistant Female, Primary Health Center, Huchenahalli, Davanagere -577002.
4. Smt. Savita B., D/o. Sri. Basavarajappa, Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Kulambi, Davanagere -577 219.
5. Smt. Chaitra Katigihallimath, D/o. Sri. Gurusiddayya, Aged about 27 years, Working as Junior Health Assistant Female, Urban Primary Health Center -4, Nitavalli, Davanagere -577002.
6. Smt. Rekha Madiwalara, D/o. Sri. Shivappa, Aged about 28 years, Working as Junior Health Assistant Female, Urban Primary Health Center -4, Nitavalli, Davanagere -577002.
7. Smt. Huligemma S, W/o. Sri. Mahalingaswamy N.R., Aged about 30 years, Working as Junior Health Assistant Female, Urban Primary Health Center -1, Doddapete, Davanagere -577002.
8. Smt. Shruthi S.
D/o. Sri. Sahadevareddy, Aged about 27 years, Working as Junior Health Assistant Female, Urban Primary Health Center, Basavanahatti, Davanagere -577513.
9. Smt. Shahanaz S.R., D/o. Sri. Rasulkhan, Aged about 26 years, Working as Junior Health Assistant Female, Urban Primary Health Center -3, Chitageri Hospital, Davanagere -577002.
10. Smt. Sudha R., D/o. Sri. Shashidhar G.R., Aged about 29 years, Working as Junior Health Assistant Female, Urban Primary Health Centre, Azadanagar, Davanagere -577002.
11. Smt. Kavita T., D/o. Sri. Bheemesh H, Aged about 25 years, Working as Junior Health Assistant Female, Primary Health Center, Arashinagatta, Davanagere District.
12. Smt. Milana K.J., D/o. Sri. Jagannath H.K., Aged about 27 years, Working as Junior Health Assistant Female, Urban Primary Health Center 4, Nitavalli, Davanagere -577002.
13. Smt. Shoba B., D/o. Sri. Bhairappa, Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Hebbalageri, Davanagere -588 215.
14. Smt. Sumalatha N, D/o Sri. Nagalingappa Kodihalli, Aged about 26 years, Working as Junior Health Assistant Female, Primary Health Center, Chiradoni, Davanagere -577 231.
15. Smt. Rekha C., D/o. Sri. Chendrappa, Aged about 27 years, Working as Junior Health Assistant Female, Urban Primary Health Center, Azadanagar, Davanagere -577 002.
16. Smt. Naveeda Amera A., D/o. Sri. Sayadfazuluddinsab, Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Tavarakeri, Davanagere -577213.
17. Smt. Triveni H.M., D/o. Sri. Basavaraj H.M., Aged about 26 years, Working as Junior Health Assistant Female, Urban Primary Health Center -4, Nitavalli, Davanagere -577 002.
18. Smt. Meenakshi B., D/o. Sri. Basavaraj A.K., Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Guttidurga, Davanagere -577553.
19. Smt. Asha S , D/o. Sri. Shekarappa, Aged about 27 years, Working as Junior Health Assistant Female, Primary Health Center, Holeshirageri, Davanagere District.
20. Smt. Chandbibi, D/o. Sri. Babusab, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Bedareddihalli, Davanagere -577543.
21. Smt. Kenchamma B., D/o. Sri. Basappa Pujar, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Bedareddihalli, Davanagere -577543.
22. Smt. Lakkamma K., W/o. Sri. Kambanna, Aged about 40 years, Working as Junior Health Assistant Female, Jagaru, Chitradurga -577522.
23. Smt. Ekanthamma P.H., D/o. Sri. Doddahanumantappa, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Talya, Chitradurga -577527.
24. Smt. Geeta N., D/o. Sri. Yathishachar, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Mustulgummi, Chitradurga -577536.
25. Smt. Gouramma P., W/o. Sri. Shivamurthy, Aged about 40 years, Working as Junior Health Assistant Female, Primary health Center, Hirekerihalli, Chitradurga -577 535.
26. Smt. Vijayamma, D/o. Sri. Thippeswamy, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Hirekerihalli, Chitradurga 577535.
27. Smt. Sarojamma, D/o. Sri. Ajjappa, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, B.G. Kere, Chitradurga -577529.
28. Smt. Shantamma, K., D/o. Sri. Kappanna, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Beturpalya, Chitradurga District.
29. Smt. Durgamma A.K., W/o. Sri. Hanumantappa, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Talya, Chitradurga -577 527.
30. Smt. Ratnamma, D/o. Sri. Obanna, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Surenahalli, Chitradurga -577 538.
31. Smt. Neelamma, D/o. Sri. Prakash, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Talakka, Chitradurga -577 543 32. Smt. Anita M.G., D/o. Sri. Tadappa, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Nelagethanahatti, Chitradurga -577 536.
33. Smt. Ambujakshi, D/o. Sri. Manjunath, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Ashok Siddapur, Chitradurga District.
34. Smt. Suvarnamma, D/o. Sri. Patanna, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Ramapura, Chitradurga -577 542.
35. Smt. Sujatamma, W/o. Sri. Manjappa, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, B.G. Kere, Chitradurga 577529 36. Smt. Vijayalakshmi, D/o. Sri. Virupakshappa, Aged about 29 years, Working as Junior Health Assistant Female, Primary Health Center, Hakkandi, Bellary -583 214.
37. Smt. Deepika M, D/o. Sri. Ramachandrappa, Aged about 26 years, Working as Junior Health Assistant Female, Primary Health Center, Holalu, Bellary -583 217.
38. Smt. Jyothi Agadi, D/o. Sri. Gurunath, Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Magala, Bellary -583 216.
39. Smt. Pushpa M.K., D/o. Sri. Mallikarjun Karigar, Aged about 38 years, Working as Junior Health Assistant Female, Primary Health Center, Ittagi, Bellary -583 220.
40. Smt. Laksmidevi B., D/o. Sri. Gachheppa, Aged about 28 years, Working as Junior Health Assistant Female, Community Health Center, Kottur, Bellary -583 134.
41. Smt. Shilpa K., D/o. Sri. Chendrappa K., Aged about 27 years, Working as Junior Health Assistant Female, Primary Health Center, Choranur, Bellary -583 128.
42. Smt Varalakshmi, D/o. Sri. Chandrappa, Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Choranur, Bellary -583 218.
43. Smt. Asha B., D/o. Sri. Manjunath, Aged about 28 years, Working as Junior Health Assistant Female, Primary Health Center, Hanthur, Chikkamagalur District.
44. Smt. Jayamala D/o. Sri. Srinivas, Aged about 40 years, Working as Junior Health Assistant Female, Primary Health Center, Irani, Haveri District.
45. Smt. Sundramma, D/o. Sri. Ramanna, Aged about 29 years, Working as Junior Health Assistant Female, Primary Health Center, Halageri.
…Petitioners (By Sri. M.V. Hiremath, Advocate) AND:
1. The Chief Secretary, Government of Karnataka, Vidhana Soudha, Bengaluru -560 001.
2. The Secretary, Department of Health and Family Welfare Services, Government of Karnataka, Vikas Soudha, Bengaluru -560 001.
3. The Commissioner, Department of Health and Family Welfare Services, Government of Karnataka, Ananda Rao Circle, Bengaluru -560 009.
4. The Director, Department of Health and Family Welfare Services, Government of Karnataka, Ananda Rao Circle, Bengaluru -560 009.
5. The Mission Director, Department of Health and Family Welfare Services, National Health Mission, Ananda Rao Circle, Bengaluru -560 009.
6. The Secretary, Department of Health and Family Welfare Services, Union of India, New Delhi -110 001.
…Respondents (By Smt. H.R. Anitha, CGC for R6; Smt. Sumana Baliga M. for R5;
Smt. M.S. Prathima, AGA for R1 to R4) These writ petitions are filed under Articles 226 & 227 of the Constitution of India praying to direct the respondents to consider the claim of the petitioners for the grant of pay scale on par with the pay scale of the regular junior health assistant female of the Department of Health as per Annexure –E and etc.
These writ petitions coming on for orders this day, the court made the following:
ORDER With the consent of both the parties the main matter is taken up for disposal.
2. In the instant petition, petitioners have prayed for the following relief.
“(a) To direct the Respondents to consider the claim of the Petitioners for the grant of pay scale on par with the pay scale of the Regular Junior Health Assistant – Female of the Department of Health as per Annexure-E by issue of writ in the nature of certiorari or any other writ or direction as the case may be;
(b) To direct the Respondents to take steps to consider the grievances of petitioners for absorption as Junior Health Assistant –Female;
(c) To direct the Respondents to grant other service benefits of regular Junior Health Assistant –Female of the Health Department and provide service protection so as to continue their service till the end of the completion of the scheme work enumerated by Respondent Nos. 5 & 6 ;
(d) To grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity.”
3. Petitioners are all appointed as a Junior Health Assistants under the scheme called ‘National Health Mission which is being implemented through State of Karnataka’ by Central Government. They are appointed on contract basis. Their grievance is that they are entitled to the pay scale attached to the regular holder of Junior Health Assistant –Female in the concerned Department.
4. The concerned department is hereby directed to examine whether petitioners claim for pay scale or minimum pay attached to the post is entitled or not, in view of Supreme Court decision in the case of State of Punjab Vs. Jagajith Singh in Civil Appeal No.213/2013 dated 26.10.2016. In the light of the Supreme Court decision, concerned respondent is hereby directed to examine the grievance of the petitioners and pass a speaking order and communicate to the petitioners. Such exercise shall be completed within a period of three months from the date of receipt of this order. It is made clear that petitioners are not entitled to the relief at B and C in the prayer, in view of latest decision rendered in Preethi Bhangade and others Vs. State of Karnataka and others in W.P. No.35139-35214/2017 decided on 28.06.2019.
In the above terms, writ petition stands disposed of.
In view of the disposal of main matter, I.A.No.1/2018 does not survive for consideration.
Sd/- JUDGE BVK