- 1 - HC-KAR NC: 2025:KHC:21633-DB WP No. 7667 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 7667 OF 2021 (S-KSAT) BETWEEN: DR. SOMASHEKAR S/O NANJUNDAPPA AGED ABOUT 48 YEARS, SENIOR SCIENTIFIC OFFICER, REGIONAL FORENSIC SCIENCE LABORATORY KTA CAMPUS MYSORE-19. …PETITIONER (BY SRI. BABU RAO M., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME ROOM NO.222, VIDHANA SOUDHA, BANGALORE-01. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, NRUPATHUNGA ROAD, BANGALORE-01. 3. THE DIRECTOR GENERAL OF POLICE CID, TRAINING, SPECIAL UNIT AND ECONOMIC OFFENCES, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21633-DB WP No. 7667 of 2021 CARLTON HOUSE, PALACE ROAD, BANGALORE-01. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE CRIME AND TECHNICAL SERVICES, POLICE HEADQUARTERS, NRUPATHUNGA ROAD, BANGALORE-01. 5. THE DIRECTOR, FORESNSIC SCIENCE LABORATORY MADIWALA, BANGALORE-560 068. 6. DR.GUNDAMMA PATIL W/O NEELANA GOUDA AGED ABOUT 48 YEARS, O/O SCIENTIFIC OFFICER TOXICOLOGY FORENSIC SCIENCE LABORATORY MADIWALA, BANGALORE-560068. 7. DR. VINOD J LAKKAPPAN S/O JANARDHAN LAKKAPPAN AGED ABOUT 48 YEARS, O/O SCIENTIFIC OFFICE TOXICOLOGY FORENSIC SCIENCE LABORATORY MADIWALA, BANGALORE-560 068. 8. SMT. KRITHIKA.N D/O NANJUNDSWAMY AGED ABOUT 42 YEARS, O/O SCIENTIFIC OFFICER TOXICOLOGY REGIONAL FORENSIC SCIENCE LABORATORY KPA CAMPUS, JALAPURI MYSORE-19. 9. SMT.SAVITHA.S W/O CHANDABABU AGED ABOUT 44 YEARS, O/O SCIENTIFIC OFFICER TOXICOLOGY FORENSIC SCIENCE LABORATORY - 3 - HC-KAR NC: 2025:KHC:21633-DB WP No. 7667 of 2021 MADIWALA, BANGALORE-560068. 10. SMT. BHARGAVI M.S. W/O NAGARAJA P.M AGED ABOUT 43 YEARS, O/O SCIENTIFIC OFFICER REGIONAL FORENSIC SCIENCE LABORATORY DOODABATHI, DAVANAGERE DAVANAGERE DISTRICT-577 66. 11. NAGARAJU P.M. S/O MAHADEVAPPA P.M. AGED ABOUT 44 YEARS, O/O SCIENTIFIC OFFICER REGIONAL FORENSIC SCIENCE LABORATORY DOODABATHI, DAVANAGERE DAVANAGERE DISTRICT-577 66. …RESPONDENTS (BY SRI. S.R. KHAMRAZ KHAN, AGA FOR R1 TO R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 28.07.2020 IN APPLICATION NO-3617/2017 ON THE FILE OF KSAT PASSED BY THE KSAT AS PER ANNEXURE-A IN SO FAR AS NOT CONSIDERING THE B PRAYER I.E., PROMOTION FROM 04.02.2009 ONLY IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2025:KHC:21633-DB WP No. 7667 of 2021 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court questioning the correctness or otherwise of the order dated 28.07.2020 in Application No.3617/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘Tribunal’), whereunder the petitioner is granted the following relief: “The application is allowed with a direction to the concerned official respondents to rectify the selection list/gradation list as per Annexure-A14 and to consider the claim of the applicant for promotion as Scientific Officer (presently re- designated as Senior Scientific Officer) from the date of his juniors who are promoted, in accordance with rules and to pass appropriate orders in this regard within a period of four months from the date of receipt of a certified copy of this order.” 2. Heard learned counsel Sri.Babu Rao.M., for petitioner and learned Additional Government Advocate Sri.Khamroz Khan for respondent Nos.1 to 5. Perused the entire writ petition papers. - 5 - HC-KAR NC: 2025:KHC:21633-DB WP No. 7667 of 2021 3. The grievance of the petitioner is that, the Tribunal has failed to grant the alternate prayer as sought in the application. 4. On hearing the learned counsel for the petitioner and on going through the entire writ petition papers, we are not inclined to accept the submission of the learned counsel for the petitioner. 5. A perusal of the relief granted by the Tribunal makes it abundantly clear that the official respondents have to first rectify the selection list/gradation list as per Annexure-A14 and to consider the claim of the petitioner for promotion as Scientific Officer from the date of his juniors who are promoted in accordance with rules and to pass appropriate orders in that regard. 6. The petitioner’s contention that on completion of five years, the petitioner would be entitled for promotion as granted to his juniors cannot be accepted at - 6 - HC-KAR NC: 2025:KHC:21633-DB WP No. 7667 of 2021 this stage. Only after preparation of the seniority list and when he is promoted as directed by the Tribunal from the date of his juniors promotion, the cause of action would arise for the petitioner to seek appropriate relief. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 1