LEELA K N v. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE
WP/3711/2023 · 2025-02-21
S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16432 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16432 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 3711 OF 2023 (S-RES) C/W WRIT PETITION NO. 3686 OF 2023 (S-RES) AND WRIT PETITION NO. 3725 OF 2023 (S-RES)
IN WP No. 3711/2023
BETWEEN:
LEELA K.N, D/O NARAYANAPPA K.L, AGED ABOUT 38 YEARS R/AT WARD NO 14, TEACHERS COLONY, KANDAVARA, CHIKKABALLAPURA TALUK AND DISTRICT – 562 101 …PETITIONER (BY SRI. RAKESH B BHATT, ADVOCATE)
AND:
1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, PRINCIPAL DISTRICT AND SESSIONS COURT COMPLEX, CHIKKABALLAPURA – 562 101. 2. THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA, PRINCIPAL DISTRICT AND SESSIONS COURT COMPLEX, CHIKKABALLAPURA – 562 101 …RESPONDENTS (BY SRI. M. A. SUBRAMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER NO. ADM/102/2022 CHIKKABALLAPURA DATED 23/06/2022 ISSUED BY THE R-1 DECLARING THAT THE PETITIONERS HAVE COMPLETED
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
THE PROBATION PERIOD SATISFACTORILY IN SO FAR AS MENTIONING THE DATE OF DECLARATION OF PROBATIONARY PERIOD AS 23/09/2021 INSTEAD OF 22/07/2020 - ANNEXURE-E.
DIRECT THE R-1 TO CONSIDER THE PETITIONERS COMPLETION OF PROBATION PERIOD ON 22/07/2020. IN WP NO. 3686/2023
BETWEEN:
SRI. INDRAN M S/O P. MANIVENKATA RAO, AGED ABOUT 28 YEARS, R/AT WARD NO 4, PRASHANTH NAGARA, CHIKKABALLAPURA DISTRICT – 562 101. ...PETITIONER (BY SRI. RAKESH B BHATT, ADVOCATE)
AND:
1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, PRINCIPAL DISTRICT AND SESSIONS COURT COMPLEX, CHIKKABALLAPURA – 562 101. 2. THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA, PRINCIPAL DISTRICT AND SESSIONS COURT COMPLEX, CHIKKABALLAPURA – 562 101 …RESPONDENTS (BY SRI. M. A. SUBRAMANI, ADVOCATE)
IN WP NO. 3725/2023
BETWEEN:
1. SMT. RENUKA C C W/O S SHARATH KUMAR, AGED ABOUT 29 YEARS, RESIDING AT PRASHANTH NAGARA, CHIKKABALLAPURA DISTRICT – 562 101 ...PETITIONER (BY SRI. RAKESH B BHATT.,ADVOCATE)
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
AND:
1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, PRINCIPAL DISTRICT AND SESSIONS COURT COMPLEX, CHIKKABALLAPURA – 562 101. 2.
THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPURA, PRINCIPAL DISTRICT AND SESSIONS COURT COMPLEX, CHIKKABALLAPURA – 562 101 …RESPONDENTS (BY SRI. M. A. SUBRAMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER NO. ADM/102/2022 CHIKKABALLAPURA DATED.
23.06.2022 ISSUED BY THE R-1 DECLARING THAT THE PETITIONERS HAVE COMPLETED THE PROBATION PERIOD SATISFACTORILY IN SO FAR AS MENTIONING THE DATE OF DECLARATION OF PROBATIONARY PERIOD AS 23.09.2021 INSTEAD OF 22.07.2020- ANNEXURE-E DIRECT THE R-1 TO CONSIDER THE PETITIONERS COMPLETION OF PROBATION PERIOD ON 22.07.2020.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
The grievance of the petitioners are common and the petitioners have prayed for common relief of quashing a portion of the
order at Annexure-E bearing No.ADM/102/2022 dated 23.06.2022 insofar as declaration of date of probationary period and seeking for a direction
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
to consider the declaration of probation from the date of completion of their prescribed computer literacy test.
2. Heard Sri.Rakesh B. Bhatt, learned counsel for the petitioner and Sri.M.A.Subramani, learned counsel for respondents in all the writ petitions.
3.
Learned counsel for the petitioners would submit that the petitioners were appointed as typists under order dated 20.07.2018 by the first respondent, Principal District and Sessions Judge, Chikkaballapur. The petitioners were appointed on probation for a period of 2 years and with a condition that they shall pass Computer Literacy test as prescribed under Karnataka Civil Services (Computer Literacy Test) Rules, 2012 within the probation period.
Learned counsel for the petitioners would submit that the petitioners passed Computer Literacy Test on 02.02.2020, 23.02.2020 respectively, within the probationary period insofar as petitioners in W.P.No.3711/2023 and W.P.No.3725/2023. It is submitted that the petitioner in W.P.No.3686/2023 passed Computer Literacy Test on
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
11.10.2020 i.e., during the extended probationary period. All the petitioners were exempted from passing Kannada Language test, since they had passed Kannada Language as one of the subject in SSLC. Learned counsel for the petitioners would submit that while declaring probation under Annexure-E dated 23.06.2022, the first respondent assigned the date of declaration of probation in respect of the petitioners as 23.09.2021 and assigned earlier dates to some of the appointees. Aggrieved by the same, the petitioners are before this Court praying for assigning the date of declaration of probation from the date they passed prescribed test.
4. This Court, by order dated 17.02.2025 directed the Registrar (Recruitment) of this Office to file an affidavit as to whether departmental examination is prescribed for the post of Typists in the District Judicial service. Affidavit dated 20.02.2025 of the Registrar (Recruitment) is filed before this Court, paragraph 5 of which reads as follows:
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
“I state that in view of Rule 3(1)(i) of the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974 and view of the Karnataka Civil Services (Computer Literacy Test) Rules, 2012, passing of Kannada language examination and computer literacy test are necessary for the post of Typists in the Karnataka Sub-ordinate Judicial Service.
However, no departmental examination is prescribed for the post of Typists per Schedule-II of Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974.”
A reading of the above would disclose that the Typists shall have to pass Kannada language examination if they are not exempted and Computer Literacy Test under 2012 Rules.
5.
Learned counsel Sri.M.A.Subramani for respondents would submit that in view of affidavit of the Registrar (Recruitment) of this Court, he prays for sending back the matter to the first respondent to take appropriate decision in the matter of date of declaration of probationary period. Thus, he prays for passing appropriate order.
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6. The petitioners are appointed as Typists by the first respondent under order dated 20.07.2018 on probation for a period of 2 years, initially with a condition that the petitioners shall pass Computer Literacy Test in terms of 2012 Rules. Admittedly, the petitioners are exempted from passing Kannada Language examination and the petitioners have passed Computer Literacy Test on 02.02.2020, 11.10.2020 and 23.02.2020 respectively. But, while declaring the probation of the petitioners, their probation is declared from 23.09.2021, much after the date of they passing Computer Literacy test. But, in respect of others different dates are assigned. The petitioners would become eligible for consideration of their case for declaration of probation on completion of 2 years and on passing the prescribed departmental examination or tests. In the instant case, the petitioners have passed prescribed Computer Literacy test on the dates mentioned above and they have completed their probation of two years on 20.07.2020.
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NC: 2025:KHC:7993 WP No. 3711 of 2023 C/W WP No. 3686 of 2023 WP No. 3725 of 2023
7. In the light of the above, the following order:
The impugned order dated 23.09.2022 bearing No.ADM/102/2022 dated 23.06.2022 passed by the first respondent is quashed insofar as the date of declaration of probation period of petitioners, with a direction to pass fresh notification, taking note of the observations made above.
With the above, the writ petitions are disposed of.
Sd/- (S.G.PANDIT) JUDGE
MPK List No.: 1 Sl No.: 13