Government’s appeal was disposed of as infructuous in view of reported compliance.

The original writ petitioners were staff nurses appointed at Mandya Institute of Medical Sciences (MIMS).

The Single Judge partly allowed their petitions and directed the State not to transfer or promote staff from the Health and Family Welfare Department to MIMS and BMCRI, to consider the petitioners’ request for creation of higher nursing posts and promotion, and to recall any transfers already made.

The State appealed in W.A. No. 977 of 2022, and employees of the Health and Family Welfare Department appealed in W.A. No. 850 of 2022.

In related contempt proceedings, the State reported that it had submitted a proposal to create promotional nursing posts and sought further time to obtain Finance Department concurrence and comply with the Single Judge’s order.

1. Whether the State’s appeal remained for determination after the State reported compliance with the Single Judge’s directions in the contempt proceedings.

2. Whether the employees’ appeal against the directions restricting transfers or promotions could be sustained, or whether their service-condition grievances should instead be raised before the Government.

The appeals were brought under Section 4 of the Karnataka High Court Act, 1961.

Its stated basis for disposing of the State’s appeal was that, in light of the State’s compliance reported in the contempt proceedings, the appeal had become infructuous.

For the employees’ appeal, the Court directed that any grievance concerning service conditions be raised before the Government for consideration.

The State’s affidavit in the contempt proceedings recorded that a proposal for creating promotional nursing posts had been submitted and that the State was pursuing Finance Department concurrence, while also seeking additional time to complete the process.

Treating the compliance reported by the State as sufficient to leave no live controversy in its appeal, the Court held that W.A. No. 977 of 2022 had become infructuous.

As to the employees’ appeal, the Court did not determine the merits of their challenge; it left any service-condition grievance to be raised before the Government.

W.A. No. 850 of 2022, filed by the employees, was disposed of with liberty to raise any service-condition grievance before the Government, which was directed to consider it.

Pending applications were also disposed of.