in the high court of karnataka at bangalore...

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 21ST DAY OF MARCH, 2014

B E F O R E

THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

WRIT PETITION NOS.42465-42646/2012 (S-RES)

BETWEEN:

1. DR. PRIYA RANGANATH D/O D.S. RAJAN, AGED 39 YEARS

ASSOCIATE PROFESSOR DEPARTMENT OF ANOTOMY BANGALORE MEDICAL COLLEGE

AND RESEARCH INSTITUTE BANGALORE-560 002.

2. DR. PUSHPALATHA M

D/O MUNIGANGAPPA

AGED 43 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ANOTOMY

BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BANGALORE-560002.

3. DR. M S RAJESHWRI

D/O DR. M SANNAMARAPPA AGED 44 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ANOTOMY

BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002. 4. DR. B GIRIJA

D/O DR. G BASAVARAJU AGED 43 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF PHYSIOLOGY BANGALORE MEDICAL COLLEGE

AND RESEARCH INSTITUTE

2

BANGALORE-560002.

5. DR. M S KUSUMADEVI D/O M S MAHADEVAPPA

AGED 39 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF PHYSIOLOGY BANGALORE MEDICAL COLLEGE

AND RESEARCH INSTITUTE BANGALORE-560002.

6. DR. VENKATESH S., S/O M. SRINIVAS

AGED 41 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF PHYSIOLOGY BANGALORE MEDICAL COLLEGE


7. DR. S SRINIVASULU NAIDU S/O L. VENKATANARAYANA

AGED 38 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF PHYSIOLOGY


8. DR. B V MARUTHI PRASAD

S/O B P VENUGOPAL AGED 38 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF BIOCHEMISTRY


BANGALORE-560002. 9. DR. VIBHA C

D/O DR. A C CHANNEGOWDA AGED 45 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF BIOCHEMISTRY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

10. DR. SREE LAKSHMI K

3

W/O VIJAYASHANKAR T AGED 36 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF PATHOLOGY BANGALORE MEDICAL COLLEGE


11. DR. ASHALATHA N W/O DR. N M SRINIVAS

AGED 40 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF PATHOLOGY BANGALORE MEDICAL COLLEGE


12. DR. C NIRMALA

D/O B CHANDRAN

AGED 43 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF PATHOLOGY


BANGALORE-560002. 13. DR. LATHA B

D/O SRI BORANAIK AGED 44 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF PATHOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

14. DR. AMBICA R, D/O M RANGAIAH AGED 41 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF MICROBIOLOGY


BANGALORE-560002. 15. DR. ASIMA BANU, D/O JAVEED ZIA

AGED 39 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF MICROBIOLOGY


4

BANGALORE-560002.

16. DR. JYOTI S KABBIN D/O SHANTHAVEER, AGED 40 YEARS

ASSOCIATE PROFESSOR DEPARTMENT OF MICROBIOLOGY BANGALORE MEDICAL COLLEGE


17. DR. KALA YADAV M L

D/O LOKARAMUDU, AGED 37 YEARS

ASSOCIATE PROFESSOR DEPARTMENT OF MICROBIOLOGY


18. DR. KAVITHA RAJARATHNA

D/O K R PILLAI, AGED 42 YEARS ASSOCIATE PROFESSOR

DEPARTMENT OF PHARMACOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

19. DR. BHEEMPPA HAVANUR S/O L G HAVANUR AGED 53 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF FORENSIC MEDICINE BANGALORE MEDICAL COLLEGE


20. DR. SATISH K V S/O K VENKATARAMAIAH

AGED 42 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF FORENSIC MEDICINE BANGALORE MEDICAL COLLEGE


21. DR. S VENKATA RAGHAVA

5

S/O N SRINIVASA MURTHY AGED 40 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF FORENSIC MEDICINE BANGALORE MEDICAL COLLEGE


22. DR. RIYAZ BASHA S S/O SARDAR BASHA

AGED 36 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF P & S, M, BANGALORE MEDICAL COLLEGE


23. DR. N. RAMAKRISHNA REDDY

S/O NARAYANAPPA

AGED 45 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF P & S, M.,


BANGALORE-560002. 24. DR. JYOTHI JADHAV

D/O K S JADHAV, AGED 45 YEARS ASSOCIATE PROFESSOR

DEPARTMENT OF P & S, M. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

25. DR. ASHOK M L S/O DR. C A LAKSHMINARAYAN AGED 45 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF GENERAL MEDICINE BANGALORE MEDICAL COLLEGE


26. DR. K G PRAKASH S/O K N GOWDAIAH, AGED 51 YEARS

ASSOCIATE PROFESSOR DEPARTMENT OF GENERAL MEDICINE

6


BANGALORE-560002.

27. DR. RAVEENDRA K R., S/O K RAMAMURTHY AGED 48 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF GENERAL MEDICINE


BANGALORE-560002. 28. DR. R MADHUMATHI, D/O B. RAMAIAH

AGED 50 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF GENERAL MEDICINE


29. DR. SARALA SABAPATHY

D/O A V MUNUSWAMY AGED 52 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF PAEDIATRICS BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

30. DR. NATESH B H., S/O HANUMANTHAPPA AGED 41 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF PAEDIATRICS


BANGALORE-560002. 31. DR. LEELAVATHY B., D/O HANUMANTHA RAJU

AGED 52 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF SKIN AND S T D


32. DR. B L SHASHI BHUSHAN

S/O B V LAKSHMANA MURTHY AGED 42 YEARS, ASSOCIATE PROFESSOR

7

DEPARTMENT OF PULMONARY MEDICINE BANGALORE MEDICAL COLLEGE


33. DR. H C SURESH CHANDU

S/O DR. H D CHIKKARAMAIAH

AGED 51 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF GENERAL SURGERY


34. DR. T S SUNIL KUMAR

S/O T M SIDDE GOWDA AGED 42 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF GENERAL SURGERY


BANGALORE-560002.

35. DR. DEEPAK S., S/O A C SHIVANNA AGED 51 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ORTHOPAEDICS


BANGALORE-560002. 36. DR. PUTTAKEMPARAJU K V., S/O KEMPAIAH

AGED 46 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ORTHOPAEDICS


37. DR. H C RAMANNA, S/O LATE CHANNAIAH

AGED 58 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF RADIO DIAGNOSIS BANGALORE MEDICAL COLLEGE


38. DR. K L SHIVAKUMAR

8

S/O LATE K L LINGAIAH AGED 55 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF E N T BANGALORE MEDICAL COLLEGE


39. DR. J. SURYANARAYANA S/O LATE J NARASIMHAIAH

AGED 55 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ENT BANGALORE MEDICAL COLLEGE


40. DR. M DAKSHAYINI

D/O LATE SRI B M MALLAIAH

AGED 50 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF OPHTHALMOLOGY


BANGALORE-560002. 41. DR. B N KALPANA

D/O LATE B L NAGARAJA SETTY AGED 48 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF OPHTHALMOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

42. DR. GOPALAKRISHNA B HUILGOL S/O B Y HUILGOL AGED 49 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF O B G BANGALORE MEDICAL COLLEGE


43. DR. DEVIKA RANI D D/O K. DUGGAPPA GOWDA

AGED 50 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ANAESTHESIOLOGY

9


BANGALORE-560002.

44. DR. R SHREYAVATHI D/O LATE RAGHURAM AGED 52 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF ANAESTHESIOLOGY BANGALORE MEDICAL COLLEGE


45. DR. PRABHA P D/O LATE P. VITTAL RAO

AGED 53 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF ANAESTHESIOLOGY BANGALORE MEDICAL COLLEGE


46. DR. NAGESH N S., S/O SWAMY GOWDA

AGED 37 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF SURGICAL GASTROENTEROLOGY BANGALORE MEDICAL COLLEGE


47. DR. S BALAJI PAI, S/O L. SANJEEVA PAI

AGED 46 YEARS, ASSOCIATE PROFESSOR

DEPARTMENT OF NEURO SURGERY BANGALORE MEDICAL COLLEGE


48. DR. AMRESH SUBHASH BHAGANGARE S/O SUBHASH BHAGANGARE

AGED 37 YEARS, ASSOCIATE PROFESSOR DEPARTMENT OF NEURO SURGERY BANGALORE MEDICAL COLLEGE


49. DR. AKHILANDESHWARI B

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D/O DR. BALASUBRAMANIAN R AGED 37 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF ANATOMY BANGALORE MEDICAL COLLEGE


50. DR. SUMATHI S, D/O MR. D.SHEKAR AGED 38 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF ANATOMY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

51. DR. PUSHPA M S., D/O SHIVANNA M P AGED 35 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ANATOMY

BANGALORE MEDICAL COLLEGE AND R ESEARCH INSTITUTE

BANGALORE-560002.

52. DR. C LAVANYA VARMA, D/O MR. C H VARMA AGED 40 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ANATOMY


BANGALORE-560002. 53. DR. SUGUNA S, D/O DR.SOMASHEKAR S

AGED 38 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PHYSIOLOGY


54. DR. SHASHIKALA K T

D/O LATE K H THIMMAIAH AGED 33 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PHYSIOLOGY


BANGALORE-560002. 55. DR. SOWMYA R, D/O K.RAJARAM

11

AGED 33 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PHYSIOLOGY


BANGALORE-560002. 56. DR. PRASHANTH KUMAR B G., S/O G G BETIGERI

AGED 35 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF BIOCHEMISTRY


57. DR. ANITHA M., D/O M SATHYANARAYANA

AGED 31 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF BIOCHEMISTRY BANGALORE MEDICAL COLLEGE


58. DR. MURULILDHARA KRISHNA

S/O DR. CHIKKAMOGA S AGED 38 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF BIOCHEMISTRY


BANGALORE-560002. 59. DR. SUJATHA MAITRA, D/O S C MAITRA

AGED 43 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF BIOCHEMISTRY


60. DR. G S SHARADAMANI

D/O LATE SRI G S SHAMANNA AGED 60 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PATHOLOGY


BANGALORE-560002. 61. DR. VANI RAVI KUMAR, D/O K R BHAT

12

AGED 45 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PATHOLOGY


BANGALORE-560002. 62. DR. LAKSHMIBAI B MALLAPPA

W/O DR. S V BALAKRISHNA AGED 50 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PATHOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

63. DR. SHANTHALA G B., D/O G K BASAVARAJAPPA AGED 37 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF MICROBIOLOGY


BANGALORE-560002.

64. DR. SUSHMA M., D/O MURARAIAH M AGED 34 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PHARMACOLOGY


BANGALORE-560002. 65. DR. PRAVEEN PANCHAKSHARAMATH

S/O C. PANCHAKSHARIMATH AGED 33 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PHARMACOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

66. DR. LAXMINARAYANA KAMATH S/O SARVOTHAM KAMATH AGED 42 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PHARMACOLOGY BANGALORE MEDICAL COLLEGE


13

67. DR. C N SUMANGALA, W/O S RAMESH

AGED 39 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF FORENSIC MEDICINE


68. DR. SUESH V

S/O LATE R C VENKATACHALAPATHI AGED 35 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF FORENSIC MEDICINE


BANGALORE-560002. 69. DR. RAVISH K S., S/O SHIVALINGA MURTHY

AGED 39 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF COMMUNITY MEDICINE (P & S M)


BANGALORE-560002. 70. DR. M B RAMAMURTHY

S/O K R BASAPPA, AGED 48 YEARS ASSISTANT PROFESSOR

DEPARTMENT OF COMMUNITY MEDICINE (P & S M) BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

71. DR. SHOBHA, D/O I. RAMAKRISHNA BHAT AGED 50 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF COMMUNITY MEDICINE (P & S M)


BANGALORE-560002. 72. DR. AMITA, D/O PRABIR KUMAR

AGED 33 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF COMMUNITY MEDICINE (P & S M)


14

BANGALORE-560002.

73. DR. SARASWATHI S., D/O SAKRA NAIK AGED 37 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF COMMUNITY MEDICINE (P & S M) BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

74. DR. NIRMALA A C., D/O SRI H CHANDRAIAH AGED 50 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL MEDICINE


BANGALORE-560002. 75. DR. N NARAYANA SWAMY, S/O MADAPPA

AGED 54 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL MEDICINE


BANGALORE-560002. 76. DR. H R JAGADISH, S/O M RAMAIAH



77. DR. JAYACHANDRA, S/O VENKATARAMAPPA

AGED 50 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL MEDICINE BANGALORE MEDICAL COLLEGE


78. DR. V SRINIVASA, S/O LATE V VENKATAPPA

AGED 48 YEARS, ASSISTANT PROFESSOR



15

79. DR. MANJUNATHA R., S/O M RAME GOWDA AGED 45 YEARS, ASSISTANT PROFESSOR



80. DR. KAVYA S T., D/O LATE G THIMMAIAH AGED 46 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF GENERAL MEDICINE BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

81. DR. DIWAKAR T N S/O NARASIMHA MURTHY G H AGED 43 YEARS, ASSISTANT PROFESSOR



82. DR. PRASHANTH V N., S/O N NAGARAJA




83. DR. G N ARAVIND S/O G R NAGARAJAIAH SETTY



84. DR. H SIVARANJANI, D/O H SIVAPRASAD




16

85. DR. SREE RANGA P C S/O DR. P R CHIDANANDAPPA



86. DR. PRABHU S., S/O S SUBRAMANI



87. DR. PRAMOD K., S/O DR K H KENCHAPPA




88. DR. LAKSHMI M., AGED 39 YEARS

ASSISTANT PROFESSOR

DEPARTMENT OF PAEDIATRIC BANGALORE MEDICAL COLLEGE


89. DR. SAHANA DEVADAS D/O DR. K P DEVADAS, AGED 46 YEARS

ASSISTANT PROFESSOR DEPARTMENT OF PAEDIATRIC BANGALORE MEDICAL COLLEGE


90. DR. DHANALAKSHMI K

D/O LATE DR. K MAHALINGA

AGED 49 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PAEDIATRIC


17

BANGALORE-560002.

91. DR. J PRAKASH, S/O B K JAVARAPPA AGED 54 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PAEDIATRIC BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560 002.

92. DR. CHIKKANARASA REDDY P S S/O LATE SANJEEVAIAH P AGED 40 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PAEDIATRIC BANGALORE MEDICAL COLLEGE


93. DR. C.GAYATHRI DEVI, D/O CHINNAPPA, AGED 47 YEARS, ASSISTANT PROFESSOR,

DEPARTMENT OF PAEDIATRIC, BANGALORE MAEDICAL COLLEGE,

AND RESEARCH INSTITUTE, BANGALORE-560 002.

94. DR. ANJANA MURTHY K., D/O KEMPAIAH, AGED 43 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PAEDIATRIC, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE,

BANGALORE-560 002.

95. DR. T.N.REVATHI, D/O DR.T.G. NARASIMHAN, AGED 49 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF SKIN & STD, BANGALORE MEDICAL COLLEGE


96. DR. ASHA G.S. D/O LATE G. SHANMUKHAPPA,

AGED 49 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF SKIN & STD,

18


BANGALORE-560002.

97. DR. VIJAYALAKSHMI G.N., W/O N.K.SRIDHAR, AGED 38 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL SURGERY,

BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE,

BANGALORE-560 002. 98. DR. HARINDRANATH H.RANGANATH,

S/O K.H. RANGANATH, AGED 48 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF GENERAL SURGERY, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

99. DR. SHASHIKALA V., D/O VENKATARAMAIAH, AGED 50 YEARS, ASSISTANT PROFESSOR


BANGALORE-560002.

100. DR.C.K.SHASHIKALA, W/O LATE C.N.KANTHARAJU, AGED 53 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF GENERAL SURGERY, BANGALORE MEDICAL COLLEGE


101. DR.RAVIKAR JAYARAJ, S/O P.J.JAYARAJ, AGED 54 YEARS, ASSISTANT PROFESSOR


BANGALORE-560002.

19

102. DR.G.RAJASHEKARA BABU, S/O R.GANGAPPA, AGED 49 YEARS, ASSISTANT PROFESSOR



103. DR. AJITHA M.B., D/O B.G.MUGADUR, AGED 42 YEARS, ASSISTANT PROFESSOR


BANGALORE-560002.

104. DR. SRINIVAS N.M., S/O MASANA SHETTY, AGED 43 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL SURGERY,


BANGALORE-560002.

105. DR.MIR MD. NOORUL HASSAN, S/O MIR MD.KHALIM, AGED 43 YEARS, ASSISTANT PROFESSOR



106. DR.T.KEMPARAJU, S/O LATE THIMMEGOWDA,

AGED 43 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL SURGERY, BANGALORE MEDICAL COLLEGE


107. SRI VEVEK S. REVANKAR,

S/O G.SHIVASHANKAR SHET,

AGED 35 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL SURGERY,


20

BANGALORE-560002.

108. DR. BHANU PRAKASH K.R. S/O DR. RAMANNA K.M.,

AGED 34 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL SURGERY, BANGALORE MEDICAL COLLEGE


109. DR. RAJKUMAR P.N.,

S/O PARAMESHWAR K. NARAYANAKAR,

AGED 32 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF GENERAL SURGERY,


110. DR. VANAMALI B.S., D/O SEETHARAMAIAH,

AGED 40 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ORTHOPAEDIC,


111. DR. PURUSHOTHAM V J., S/O JAWARAYYA,

AGED 50 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ORTHOPAEDIC, BANGALORE MEDICAL COLLEGE


112. DR. SHARATH KUMAR P.V., S/O P.V.NAIK,


DEPARTMENT OF ORTHOPAEDIC, BANGALORE MEDICAL COLLEGE


113. DR.H. MANJUNATHA, S/O B.K.HALAPPA, AGED 56 YEARS, ASSISTANT PROFESSOR


21


114. DR. S. RAMACHANDRA, S/O SUBBA SETTY,

AGED 53 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ORTHOPAEDIC, BANGALORE MEDICAL COLLEGE


115. DR. K.G. GOPALAKRISHNA, S/O GIRIGOWDA,




116. DR. S.A.SOMASHEKARA, S/O ANKEGOWDA @ MARIGOWDA,

AGED 43 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ORTHOPAEDIC,


117. DR. T. ARVL DASAN, S/O MR. D.THANGARAJ,

AGED 32 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF RADIO DIAGNOSIS, BANGALORE MEDICAL COLLEGE


118. DR. RAVI N, S/O N.S.NINGAPPA,


DEPARTMENT OF RADIO DIAGNOSIS, BANGALORE MEDICAL COLLEGE


119. DR. K.S.VEDARAJU, S/O LATE K.T. SHAMACHAR,

AGED 54 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF RADIO DIAGNOSIS,

22


BANGALORE-560002.

120. DR. AMRUT SADASHIV KADAN, S/O MR. SADASHIV R.KADAN, AGED 34 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF RADIO THERAPY, BANGALORE MEDICAL COLLEGE


121. DR. SAROJAMMA, D/O P.M.MUNIVENKATAPPA, AGED 56 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF E.N.T, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

122. DR. KARTHIK S., S/O DR.M.SHAMANNA, AGED 38 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF E N T, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

123. DR. NAGARAJU G, S/O GANGASHETTAPPA R., AGED 46 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF OPHTHALMOLOGY,


BANGALORE-560002. 124. DR. NISHAT SULIANA KHAYOOM

D/O ABDUL KHAYOOM, AGED 45 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF OPHTHALMOLOGY, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

125. DR. SHASHIDHAR S S/O LATE S.M.SATHYANARAYANA SWAMY,

23

AGED 41 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF OPHTHALMOLOGY,


BANGALORE-560002. 126. DR. BHARATHI N., D/O G.K.NARASIMHA MURTHY,

AGED 47 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF OPHTHALMOLOGY,


127. DR. B.N.VISWANATH, S/O B.K.NARASIMHAIAH,

AGED 48 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF OPHTHALMOLOGY, BANGALORE MEDICAL COLLEGE


128. DR. G.SUNANDA BAI, D/O GANGA NAIK,

AGED 54 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF O.B.G, BANGALORE MEDICAL COLLEGE


129. DR. K.M.SUNANDA, D/O. K. MUDDAPPA,


DEPARTMENT OF O B G, BANGALORE MEDICAL COLLEGE


130. DR. SURESH S.KANAKANNAVAR, S/O SHANTHESH H.KANAKANNAVAR,

AGED 52 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF O B G, BANGALORE MEDICAL COLLEGE


24

131. DR. VIJAYALAKSHMI M NAYAK, D/O MAHABALA NAIK, AGED 58 YEARS,

ASSISTANT PROFESSOR DEPARTMENT OF O.B.G.


132. DR. K.SRINIVAS, S/O DR. K.KRISHNA,

AGED 45 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF O.B.G., BANGALORE MEDICAL COLLEGE


133. DR. ASHOK KUMAR DAVOOR, S/O. SHIVAPPA,

AGED 41 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF O.B.G.,


BANGALORE-560002. 134. DR. M. KRISHNA VENI,

D/O. T.S. MADAIAH, AGED 54 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF O.B.G., BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

135. DR. SUDHA H.C., D/O. H.S. CHIKKASIDDAIAH, AGED 45 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF O.B.G.,


BANGALORE-560002. 136. DR. SUDHEESH K., S/O. MR. KANNAN C.,

AGED 34 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ANAESTHESIOLOGY


25

BANGALORE-560002.

137. DR. RAMESH R., S/O. R. REVANNA AGED 47 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF ANAESTHESIOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

138. DR. DAYANANDA V.P. S/O. LATE VENKATARAMAIAH




139. DR. VASANTHA KUMAR J., S/O. JANARDHANA AGED 47 YEARS, ASSISTANT PROFESSOR



140. DR. M. SATHEESHA, S/O. LATE B. MUNIYAPPA,

AGED 46 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ANAESTHESIOLOGY BANGALORE MEDICAL COLLEGE


141. DR. VIJAYAKUMAR H.N., S/O NARAYANAPPA




142. DR. DIVYAPRAKASH M., S/O. K. MADA AGED 40 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF CARDIOLOGY BANGALORE MEDICAL COLLEGE

26


143. DR. RAMESH K.T., S/O. THAMMANNA GOWDA,

AGED 39 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF PLASTIC SURGERY BANGALORE MEDICAL COLLEGE


144. DR. SMITHA S. SEGU, D/O. SRIRAM S. SEGU


DEPARTMENT OF PLASTIC SURGERY BANGALORE MEDICAL COLLEGE


145. DR. YOGISHWARAPPA C.N., S/O. NAGAPPA AGED 44 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF PLASTIC SURGERY BANGALORE MEDICAL COLLEGE


146. DR. NAGESH S.A., S/O. LATE S. ANANTH, AGED 47 YEARS, ASSISTANT PROFESSOR

DEPARTMENT OF NEURO SURGERY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

147. DR. ELVIS RODRIGUES, S/O. ALPHONSO J. RODRIGUES


DEPARTMENT OF NEURO SURGERY BANGALORE MEDICAL COLLEGE


148. DR. PRAVEEN KUMAR, S/O. P. SHIVAKUMAR SWAMY,

AGED 32 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF NEUROLOGY

27


BANGALORE-560002.

149. DR. PANCHAKSHARI PRASANNA B.K., S/O. H.T. KRISHNAPPA,


DEPARTMENT OF TRANSFUSION MEDICINE BANGALORE MEDICAL COLLEGE


150. DR. DHEEMANTHA P., S/O. NALLURU PRASAD R.K.,

AGED 33 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF TRANSFUSION MEDICINE BANGALORE MEDICAL COLLEGE


151. DR. M.S. VIJAYAKUMAR,

S/O. M.R. SUBBANNA, AGED 57 YEARS, LECTURER IN PHYSIOLOGY BANGALORE MEDICAL COLLEGE


152. DR. RAGHAVENDRA B.M., S/O. B.L. MANJEGOWDA, AGED 33 YEARS,

LECTURER IN GENERAL MEDICINE BANGALORE MEDICAL COLLEGE


153. DR. HEMACHANDRA P., S/O. LATE SRI PUTTAMAREGOWDA D.M.,

AGED 32 YEARS, LECTURER IN GENERAL MEDICINE BANGALORE MEDICAL COLLEGE


28

154. DR. G.V. GIRI, S/O. G.V.R. RAO AGED 53 YEARS,

LECTURER IN GENERAL MEDICINE BANGALORE MEDICAL COLLEGE


155. DR. B.C. PRAKASH, S/O. C.CHIKKAIAH, AGED 37 YEARS,

LECTURER IN GENERAL MEDICINE BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

156. DR. ANIL KUMAR H., S/O. HANUMANNA, AGED 32 YEARS,

LECTURER IN PAEDIATRICS


BANGALORE-560002.

157. DR. KASTURI P., W/O. LOGANATHAN, AGED 53 YEARS,

LECTURER IN PSYCHIATRY SURGERY


BANGALORE-560002. 158. DR. MADHUSUDHAN S., S/O. SHIVAPPA M.,

AGED 37 YEARS, LECTURER IN PSYCHIATRY SURGERY


159. DR. C. GURU PRASAD,

S/O. C. RAMACHANDRA, AGED 31 YEARS, LECTURER IN PSYCHIATRY SURGERY BANGALORE MEDICAL COLLEGE


29

160. DR. SHANKAR K., S/O. V. KUMAR AGED 29 YEARS,

LECTURER IN PSYCHIATRY SURGERY BANGALORE MEDICAL COLLEGE


161. DR. SHILPA K., D/O. KAPANI GOWDA K.S., AGED 32 YEARS,

LECTURER IN SKIN & S T D, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

162. DR. ESHWARI L., D/O. MR. G. LOGANATHAN, AGED 34 YEARS,

LECTURER IN SKIN & S T D,


BANGALORE-560002.

163. DR. ROHIT G.R., S/O. RANGAIAH G.Y., AGED 33 YEARS,

LECTURER IN GENERAL SURGERY


BANGALORE-560002. 164. DR. SANTHOSH C.S.,

S/O. C.M. SHIVASHANKAR, AGED 32 YEARS, LECTURER IN GENERAL SURGERY


165. DR. PREM KUMAR, S/O. M. ANANDAN,

AGED 34 YEARS, LECTURER IN GENERAL SURGERY BANGALORE MEDICAL COLLEGE


30

166. DR. MANJUNATH B.D., S/O. DODDATHIMMAIAH, AGED 33 YEARS,

LECTURER IN GENERAL SURGERY BANGALORE MEDICAL COLLEGE


167. DR. MALLIKARJUNA M.N., S/O. NIJALINGAPPA M.N., AGED 35 YEARS,

LECTURER IN GENERAL SURGERY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

168. DR. SRIHARI B.G., S/O. G. GANGADHAR SWAMY, AGED 32 YEARS,

LECTURER IN GENERAL SURGERY


BANGALORE-560002.

169. DR. SUNIL B., S/O. G. BASAVARAJANNA, AGED 33 YEARS,

LECTURER IN ORTHOPAEDIC


BANGALORE-560002. 170. DR. DAYANAND M., S/O. R. MANJUNATH,

AGED 52 YEARS, LECTURER IN ORTHOPAEDIC


171. DR. CHINMAYEE J.T.,

D/O. THRISHVA MURTHY J.B., AGED 31 YEARS,

LECTURER IN OPHTHALMOLOGY


BANGALORE-560002.

31

172. DR. SURESH H.H., S/O. HANUMANTHAIAH H.H.,

AGED 39 YEARS, LECTURER IN OPHTHALMOLOGY


173. DR. SHILPA Y.D., D/O. L. DEVEGOWDA,

AGED 35 YEARS, LECTURER IN OPHTHALMOLOGY BANGALORE MEDICAL COLLEGE


174. DR. ASHA KIRAN T.R., D/O. DR. THAVARSINGH C. RATHOD

AGED 31 YEARS, LECTURER IN O B G


BANGALORE-560002. 175. DR. SAROJINI, D/O. VITTAL PRABHU,

AGED 32 YEARS, LECTURER IN O B G


176. DR. PRATHIMA S.,

D/O. T.V. SHANKARA NARAYANA AGED 32 YEARS,

LECTURER IN O B G


BANGALORE-560002. 177. DR. KALEEMULLAH SHARIFF N.,

S/O. SHARIFF A.N., AGED 42 YEARS, LECTURER IN ANAESTHESIOLOGY


32

BANGALORE-560002.

178. DR. BHASKARA B., S/O. BYREDDY R., AGED 31 YEARS,

LECTURER IN ANAESTHESIOLOGY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

179. DR. ANANDA P.S., S/O. PUTTAMADAIAH, AGED 37 YEARS,

LECTURER IN ANAESTHESIOLOGY


BANGALORE-560002. 180. DR. SHAKUNTHALA T.S.,

D/O. T. SANNAPPA, AGED 36 YEARS,

LECTURER IN CARDIOLOGY BANGALORE MEDICAL COLLEGE


181. DR. PEDDI MANJUNATH, S/O. CHANNAPPA, AGED 33 YEARS,

LECTURER IN PLASTIC SURGERY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE

BANGALORE-560002.

182. DR. G. SRINIVAS, S/O. LATE C. GOPAL REDDY, AGED 40 YEARS,

LECTURER IN NEUROLOGY


BANGALORE-560002.

...PETITIONERS (BY SRI K.M. NATARAJ, SENIOR ADV. ALONG WITH SRI B.S. SACHIN FOR

M/S. DHARMASHREE ASSOCIATES, ADVS.)

33

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS

SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, M.S. BUILDING,

DR. AMBEDKAR VEEDHI ROAD BANGALORE 560 001.

2. THE DIRECTOR OF MEDICAL EDUCATION

VIKASA SOUDHA

BANGALORE 560 001.

3. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS DIRECTOR,

FORT, K.R. ROAD, BANGALORE – 560 002.

...RESPONDENTS

(BY SMT. M.S. PRATHIMA, HCGP FOR R1 & R2; SRI S.B. TOTAD, ADV. FOR R3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

IMPUGNED ORDER DATED 16.12.2011, PASSED BY THE 1ST RESPONDENT IN SO FAR AS GIVING EFFECT OF THE REVISED AICTE PAY SCALES TO THE PETITIONERS FROM 1.4.2011, VIDE

ANNEXURE-Q AND DIRECT THE RESPONDENTS 1 & 2 TO EXTEND THE BENEFIT OF REVISED AICTE SCALES OF PAY TO

THE PETITIONERS FROM 1.1.2006 INSTEAD OF 1.4.2011 VIDE ANNEXURE-Q, ETC.

THESE PETITIONS COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

34

ORDER

The issue raised in these writ petitions lies in a very

narrow compass. Therefore, by consent of the learned

advocates for the parties to the lis, the cases are taken up

for final hearing.

2. The factual matrix of the case, in short, is that

the petitioners are the members of Teaching Faculty of

respondent No.3 i.e., Bangalore Medical College and

Research Institute, Bangalore. These writ petitions have

been filed to quash an order dated 16.12.2011 passed by

the 1st respondent, vide Annexure-Q, in so far as giving

effect to the revised AICTE pay scales to the petitioners with

effect from 01.04.2011 and for a mandamus as against the

respondent Nos.1 and 2, to extend the benefit of revised

AICTE pay scales with effect from 01.01.2006 and to pay

the arrears with interest.

3. W.P.Nos.11120-11137/2011 filed by the

members of the Teaching Faculty in Sanjay Gandhi

Institute of Trauma and Orthopaedics, Bangalore-11, to

35

direct the respondents to revise their pay scales, to bring it

on par with the revision by the AICTE as per Notification

dated 22.01.2010, with retrospective effect, was allowed

by an order dated 15.11.2011 and the writ petitioners

were held entitled to pay scales as revised by AICTE as per

Notification dated 22.01.2010, along with the benefits,

with effect from 22.01.2010. W.A.Nos.1622/2013 and

2733-2749/2013 filed by the State of Karnataka as against

the said order dated 15.11.2011 passed in

W.P.Nos.11120-11137/2011 having been belatedly filed,

explanation offered for the delay having been found to be

insufficient to condone, the application seeking

condonation of delay was dismissed and consequently, the

appeals were also dismissed. SLP Nos.21311-21328/2013

filed by the State of Karnataka were dismissed by the Apex

Court on 19.07.2013.

4. Heard Sri K.M. Nataraj, learned Senior

advocate for the petitioners, Smt. M.S. Prathima, learned

36

HCGP and Sri S.B.Totad, learned advocate for the

respondents and perused the writ petition record.

5. The Government of Karnataka passed order

No.HFW 231 MNC 98, Bangalore, dated 01.06.1999 vide

Annexure-F, according sanction for extension of AICTE

scales of pay with effect from 01.06.1999 to the Teaching

Faculty in the cadres of Lecturers/ Assistant

Professors/professors/ Sr. Professors and Principals of the

Government Medical Colleges. In the said order, it was

stated that in respect of next revision of pay scales of

Medical/ Dental Teachers, will be only when the

Government of India revises AICTE scales of pay. By an

order dated 05.03.2011 vide Annexure-P, the Finance

Department agreed for extension of the 2006 revised

AICTE scales of pay to the Teaching Faculty of Government

and Autonomous Medical and Dental Colleges in the State.

The date of effect as could be seen from the said order

was 01.04.2011. Considering the Government order as at

Annexure-F and AICTE Notification dated 22.01.2010 vide

37

Annexure-K and other recommendations, Government

order dated 16.12.2011 vide Annexure-Q was passed,

extending the revised AICTE pay scales with effect from

01.04.2011. Thus, the petitioners have been granted the

revised AICTE pay scales with effect from 01.04.2011.

6. The petitioners claim that their cases are

similar and in fact identical to that of the petitioners in

W.P.Nos.11120-11137/2011 decided on 15.11.2011 and

thus, they are entitled to similar service benefits at the

hands of the respondents. On behalf of the respondents 1

and 2, statement of objections has been filed on

30.08.2013 and it was submitted that though the Finance

Department in its responses dated 05.03.2011 and

28.10.2011, opined that, if the AICTE pay scale is given to

the Doctors, there would be excess burden of `59.34

Crores on the state exchequer i.e., even by giving effect of

AICTE pay scale from 01.04.2011, it was stated that, to

encourage Teaching Faculty in the Medical Colleges, the

Government passed the order extending AICTE pay scales

38

to the Government and Autonomous Medical Institutions

applicable with effect from 01.04.2011.

7. Having considered all aspects of the matter, I

am satisfied that the petitioners being similarly placed like

the petitioners in W.P.Nos.11120-11137/2011 decided on

15.11.2011, are entitled to similar monitory benefits. By

the said order, the respondents were directed to revise the

pay scales of the writ petitioners therein, to bring it on par

with the AICTE pay scales, as per the Notification dated

22.01.2010 and pay the consequential benefits with effect

from 22.01.2010. W.A.Nos.1622/2013 and 2733-

2749/2013 were dismissed on the ground of delay on

03.04.2013 and SLP Nos.21311-21328/2013 have been

dismissed on 19.07.2013. The said order reads as

follows:-

“Heard learned counsel for the petitioners and perused the

relevant material.

We do not find any legal and valid ground for interference, the

Special Leave Petitions are dismissed.

However, the question of law is kept open.”

Despite the aforesaid orders, the respondents are

not agreeable to extend the AICTE pay scales and

39

consequential benefits to the petitioners herein, with effect

from 22.01.2010, on the ground that there is involvement

of large financial implications on the state exchequer.

8. There cannot be any unjust and prejudicial

action by the respondents to a section of employees

working in similar institutions in the matter of fixation of

pay. The petitioners’ service conditions are similar to the

service conditions of the petitioners in W.P.Nos.11120-

11137/2011. Hence, the stand taken by the respondents

being unjust, patently irrational, arbitrary and

discriminatory cannot be accepted.

Identical question having been considered by this

Court in W.P.Nos.11120-11137/2011 decided on

15.11.2011, following the said order and for the reasons

stated therein, more particularly, on account of the

dismissal of the Writ Appeals and SLPs. filed by the

respondents, noticed supra, these writ petitions are

40

allowed in part. Though the benefit of AICTE pay

scales with effect from 01.01.2006 was sought even in

W.P.Nos.11120-11137/2011, the same has been granted

with effect from 22.01.2010. Hence, the petitioners

cannot be granted the benefit with effect from 01.01.2006.

The respondents are directed to revise the pay scales of

these writ petitioners, to bring it on par with the AICTE pay

scales, as per the Notification dated 22.01.2010, as at

Annexure-K and pay to the petitioners, the difference of

the amounts/arrears with effect from 22.01.2010, within a

period of three months from the date a copy of this order

becomes available.

In the facts and circumstances of the case, the

parties are left to bear their own costs.

Sd/- JUDGE

sac*

in the high court of karnataka at bangalore...

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