High CourtsDivision Bench(2022) 10 KAR CK 0014

Dr. Vatsala Goni vs State Of Karnataka & Others

Karnataka High Court · Decided on 21 October 2022

HON’BLE JUDGES
G. Narendar, J · P.N. Desai, J
RESULT
Disposed Of/ Partly Allowed
CASE NUMBER
Writ Petition No. 16480, 18160 Of 2021 (S-KSAT)

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Judgment

14 paragraphs · 368 words

G.Narendar, J

IN W.P.NO.16480/2021

1.

Learned AGA appearing on behalf of respondent Nos.1 to 5 has filed into the Court a memo dated 21.10.2022 enclosing therewith a copy of the order dated 20.10.2022 whereby the petitioner has been shown the place of posting at Community Health Centre, Byndoor, Udupi District and private respondent has been given a posting at Community Health Centre, Kadaba, Dakshina Kannada District.

2.

In that view of the matter, we are of the opinion that the lis between the petitioner and private respondent stands dissolved.

3.

Learned counsel for respondent No.6 submits that the Doctor at Community Health Centre, Bhatkal has been attempting to seek transfer to a post vacant at Chikkamagaluru and if a vacancy occurs at Bhatkal, it is prayed that respondent No.6 may be considered for transfer, to the post at Bhatkal. A request is made to this Court on the premise that her daughter is pursuing her education (II PUC) at Byndoor and that Bhatkal being nearby, she would be able to support her daughter in her academic pursuits. The request appears to be fair.

4.

In the event, the Doctor at Bhatkal makes a request or is otherwise transferred, it is open for respondent No.6 to be considered for being posted in the vacancy that may arise on account of movement of the Doctor at Community Health Centre, Bhatkal.

5.

We hereby grant liberty to respondent No.6 and the Doctor working at Community Health Centre, Bhatkal to submit a joint representation.

6.

In the event such joint representation or individual representations are made, the same shall be considered and disposed of within a period of two weeks thereafter in accordance with law.

7.

The petition stands ordered accordingly. In view of the disposal of the main petition, pending interlocutory application, if any, does not survive for consideration. Hence, disposed of.

8.

No order as to costs.

IN W.P.NO.18160/2021

9.

The writ petition is directed against the cost imposed on the Government.

10.

In view of the order passed in the lead petition i.e., W.P.No.16480/2021, we deem it appropriate to partly allow the instant petition.

11.

Accordingly, writ petition is partly allowed. The cost imposed by the Tribunal is set-aside.