SRI M THIPPE SWAMY vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 3484 OF 2025 (S)
BETWEEN:
SRI. M. THIPPE SWAMY,
S/O C. MURTHAPPA,
AGED 50 YEARS,
JUNIOR LABORATORY,
TECHNICAL OFFICER,
PRIMARY HEALTH CENTER
GULIGENAHALLI,
SIRA TALUK,
TUMKUR DISTIRCT- 572137.
…PETITIONER
Digitally
signed by
AASEEFA
PARVEEN
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. MADHUKAR NADIG, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE COMMISSIONER,
DEPARTMENT OF HEALTH AND FAMILY WELFARE

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NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
SERVICES, AROGYA SOUDHA,
MAGADI ROAD,
BENGALURU - 560 009.
3. THE DIRECTOR,
DIRECTORATE OF HEALTH
AND FAMILY WELFARE SERVICES,
AROGYA SOUDHA, MAGADI ROAD,
BENGALURU - 560 023.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED FINAL ORDER DATED 26.02.2024 PASSED BY THE
HONBLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BENGALURU ON THE APPLICATION NUMBERS 740, 743 AND
744/2024, IN THE INTEREST OF JUSTICE AND EQUITY
(ANNEXURE-A)
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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HC-KAR
NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner, unsuccessful applicant before the
Karnataka State Administrative Tribunal at Bengaluru, for
short ('the Tribunal') is before this Court aggrieved by the
order dated 26.02.2024 in Application Nos.740, 743 and
744/2024, whereunder the petitioner's prayer for a
direction to consider the representations dated 06.07.2023
and 20.11.2023 (Annexures-A5 and A6) and to grant
consequential benefits which were granted to the similarly
situated officials, is rejected.
2. Learned counsel for the petitioner would submit
that the petitioner was appointed as Lab Assistant on
contract basis in the District Tuberculosis Control
Programme by O.M. dated 06.08.2002 of the Deputy
Commissioner, Chithradurga District. It is submitted that
the State Government under the Karnataka Civil Services
(Absorption of Contract Para-medical Staff and Drivers

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HC-KAR
NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
appointed in the Directorate of Health and Family Welfare
Services (Special) Rules 2006, for short "Rules, 2006"
absorbed the contract para-medical staff and drivers. It is
submitted that the said absorption Notification was issued
on 16.03.2006 and as many as more than 1000 such
para-medical staff and drivers were absorbed into the
services of the Health and Family Welfare Services.
Learned counsel would submit that, at that point of time,
due to administrative mistake, the name of the petitioner
was not included in the list of absorbed employees.
However, in that regard, he approached the Tribunal in
Application No.2009/2017 and the Tribunal by order dated
11.12.2019 directed the respondents authorities to
consider the case of the petitioner for absorption as Junior
Medical Lab Technologist. In pursuance to the said
direction, the State is said to have regularized the services
of the petitioner by Notification dated 16.03.2021.
Thereafter, the petitioner was called for counselling and he
was given posting under O.M. dated 20.03.2021

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NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
(Annexure-A3). Learned counsel for the petitioner would
submit that thereafter, the petitioner made representation
to the respondents to consider his absorption from the
date similarly situated persons were absorbed under
Notification dated 16.03.2006 and to grant all
consequential benefits. Learned counsel would submit that
the petitioner would be entitled for absorption in terms of
Notification dated 16.03.2006, since similarly situated Lab
Technicians were absorbed into Government service. For
the mistake committed by the authorities, the petitioner
cannot be punished. Further, learned counsel would
submit that the persons at Sl.Nos.325 to 328 are also
similarly situated appointees to Revised Tuberculosis
Control Programme and they were regularized under
Notification dated 16.03.2006. Thus, learned counsel
would pray for allowing the writ petition.
3. Per contra, learned AGA Sri.Vikas Rojipura for
respondents would submit that the petitioner was not
appointed on contract basis in the Department of Health

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HC-KAR
NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
and Family Welfare Services, but he was appointed to
work in a Scheme i.e. Revised Tuberculosis Control
Programme. Therefore, he submits that the petitioner's
services were initially not regularized along with other
departmental persons. Learned counsel would submit that
however, in pursuance to the order of the Tribunal, the
petitioner was absorbed under Notification dated
16.03.2021 and from the said date all benefits have been
extended to the petitioner. Thus, he would submit that the
petitioner would not be entitled for absorption
retrospectively from 16.03.2006 and he would pray for
dismissal of the writ petition.
4. Having heard the learned counsels for the
parties and on perusal of the entire writ petition papers,
we are not inclined to interfere with the order passed by
the Tribunal. The petitioner had sought mandamus for
consideration of representation, wherein he had sought for
retrospective absorption and consequential benefits. A

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HC-KAR
NC: 2026:KHC:61009-DB
WP No. 3484 of 2025
CNR: KAHC010079182025
mandamus could be issued only where the person
approaching the Court establishes his legal right and
where he establishes that the authorities have failed to
perform their legal obligation. In the instant case, the
petitioner is appointed initially on contract basis as Junior
Lab Technician by the Deputy Commissioner, Chithradurga
District to District Tuberculosis Control Programme and the
petitioner was not a contract employee in the Department
of Health and Family Welfare Services. Under Rule 2006
provision was made for absorption of contract para-
medical staff and drivers appointed in the Directorate of
Health and Family Welfare Services, whereas the
petitioner was not on contract appointee of the Directorate
of Health and Family Welfare Services. However, when the
petitioner approached the Tribunal in Application
No.2009/2017, the Tribunal directed consideration of the
petitioner's case for absorption. In pursuance to the said
direction, the authorities have absorbed the services of the
petitioner

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WP No. 3484 of 2025
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under Notification dated 16.03.2021 and have extended all
the benefits which the petitioner was entitled to. The
petitioner has no legal right to seek retrospective
absorption from 2006 i.e. under Notification dated
16.03.2006, since he was not an employee on contract
under the Directorate of Health and Family Welfare
Services. Therefore, we do not find any error or illegality
in the order passed by the Tribunal.
Accordingly, writ petition stands rejected.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
List No.: 1 Sl No.: 17