IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.345 OF 2018 (S-RES) BETWEEN:
SMT. USHA SUDHAKARAN W/O K.N. SUDHAKARAN AGED ABOUT 58 YEARS NO.286, 6TH CROSS 2ND ‘A’ MAIN ROAD VIGNANA NAGARA NEW THIPPASANDRA POST BENGALURU-560 075 …PETITIONER (BY SHRI. M.K. SHIVARAJU, ADVOCATE) AND:
1. THE SECRETARY TO GOVERNMENT LABOUR DEPARTMENT KARNATAKA GOVERNMENT SECRETARIAT, MULTI STORIED BUILDING BENGALURU-560 001 2. THE COMMISSIONER LABOUR DEPARTMENT BANNERGHATTA ROAD BENGALURU-560 001 3. THE CHIEF EXECUTIVE OFFICER CHINAMAYA MISSION HOSPITAL CMH ROAD, INDIRA NAGAR BENGALURU-560 038 4 . THE MANAGING DIRECTOR CHINAMAYA MISSION HOSPITAL CMH ROAD, INDIRA NAGAR BENGALURU-560 038 5. MR. SRIDHAR G. BHAT MANAGER-HR & ADMIN CHINAMAYA MISSION HOSPITAL CMH ROAD, INDIRA NAGAR BENGALURU-560 038 ... RESPONDENTS (BY SHRI. M.V. RAMESH JOIS, AGA FOR R1 & R2; VIDE ORDER DTD.12.06.19 – NOTICE TO R3 & R5 – HELD SUFFICIENT;
SHRI. B.C. PRABHAKAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO 5 HEREIN TO CONSIDER THE REPRESENTATION DTD:3.10.2017 OF THE PETITIONER BY REINSTATING HER INTO THE SERVICE AS NURSING SUPEVISOR AND TO CONTINUE HER SERVICES TILL THE AGE OF SUPERANNUATION [60 YEARS] BY PAYING MONTHLY SALARY AND ENTITLEMENTS BY ABIDING AND SHOWING RESPECT TO THE GOVERNMENT NOTIFICATION DTD:27.3.2017 VIDE ANNEXRUE-K.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri M.K.Shivaraju, learned advocate for the petitioner and Shri Ramesh Jois M.V., learned AGA for the State.
2. Petitioner was working as Staff Nurse in Chinmaya Mission Hospital. On attaining the age of superannuation, she retired from services on 14.06.2017. Thereafter, on 03.10.2017, she gave representation to continue her services till 60 years. She has filed this writ petition to consider her representation.
3. This writ petition is not maintainable as direction is sought against management of a private hospital. Hence, no ground to interfere by exercising power under Article 226 of the Constitution.
4. Resultantly, this petition fails and accordingly it is dismissed.
No costs.
Yn.
Sd/- JUDGE