LAWS(KAR)-2019-2-92

RAJAPPABASAVANNI HADIMANI Vs. STATE OF KARNATAKA

Decided On February 25, 2019
Rajappabasavanni Hadimani Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners in these batch matters have raised common question of law and facts and the respondents are common. Though these matters are listed for "Hearing - Interlocutory Application", with the consent of the learned counsel on both sides, these maters are heard and disposed of by this common order.

(2.) The petitioners contended that they were appointed by the 2nd respondent-Bangalore Medical College & Research Institute, as stipendiary nurses for a block period of six months, during the year 2008-09. It is further contended by the petitioners that the 2nd respondent-Institution appointed the petitioners by giving one day break in services and extended the appointments of the petitioners from time to time. Incidentally, the petitioners were allotted quarters and there was no break in the allotment of the quarters.

(3.) Learned counsel for the petitioners submits that the Principal Secretary of the Department of Health and Family Welfare, issued a communication to the 2nd respondent on 21.12.2012 that there shall not be any appointment in the 2nd respondent till a decision in this regard is taken at the government level. It is further submitted that contrary to the said communication/circular, the 2nd respondent called for recruitment of staff nurses without giving weightage and preference to the petitioners. The notification is dated 28.12.2012. It is also submitted that in the cases of nurses appointed on temporary basis like petitioners, in Karnataka Medical Sciences Institute, Vijayanagara and Hubli Medical Sciences of Institute, while recruitment notifications were issued, weightage and preference was given to all such persons, who were working as nurses on stipendiary basis.