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2025 Supreme(Online)(Kar) 15998

KARNATAKA HIGH COURT
MRS JUSTICE K.S. HEMALEKHA, J
DR. CHANDAN C – Appellant
Versus
THE STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE – Respondent


Advocates:
For the Appellants/Petitioners: SMT. HIREMATH AKKAMAHADEVI
For the Respondents: SRI. V.G. BHANEEPRAKASH, AAG A/W SMT. MAMATHA SHETTY, AGA FOR R-1, R-3 & R-4; SRI. S. B. TOTAD

Table of Content
1. petitioner was entitled to eta. (Para 1)
2. petitioner's claim for eta during deputation and justification of continued payment. (Para 2 , 3 , 4)
3. legal arguments presented by both parties regarding entitlement of eta. (Para 5 , 6)
4. court's decision regarding recovery of eta amounts paid and entitlement rights. (Para 7 , 8 , 9)

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA CAV ORDER This writ petition is filed seeking quashing of the impugned order dated 23.10.2020 issued by respondent No.2 holding that the Emergency Treatment Allowance (‘ETA’ for short) paid to the petitioner was illegal and seeking its recovery.

2. The petitioner was appointed as a Casualty Medical Officer at Shimogga Institute of Medical Sciences on 02.02.2012 and completed probation on 01.02.2014. The petitioner was initially granted an ETA of Rs.3,000/-, which was later revised to Rs.10,000/- on 18.12.2012 and subsequently to Rs.22,000/- in 2018. The petitioner was deputed to pursue MS (General Surgery) at ESI Medical College, Bengaluru under in-service quota, with the mandatory bond of ten years of service post-completion. The petitioner continued to receive the revised ETA, until an office memo

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