- 1 - NC: 2025:KHC:7234 WP No. 17925 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 17925 OF 2021 (S-PRO) BETWEEN: SRI B N VENKATAPATHY AGED ABOUT 59 YEARS S/O. P NARAYANAPPA, ASSISTANT TEACHER, BBMP GIRLS HIGH SCHOOL, JOGIPALYA, HALASURU, BENGALURU-560080. …PETITIONER (BY SRI. G.S. NAVEEN KUMAR, ADV. FOR SRI MUKKANNAPPA S. B., ADV.) AND: 1. THE COMMISSIONER, BBMP BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU -560001. 2. THE DEPUTY COMMISSIONER (ADMINISTRATION) BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU-560001. …RESPONDENTS (BY SRI. M.A. SUBRAMANI, ADV. FOR R1 & R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONER FOR PROMOTION TO THE CADRE OF LECTURER IN Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7234 WP No. 17925 of 2021 MATHEMATICS WITH RETROSPECTIVE EFFECT FROM AUGUST 2018 AND EXTEND ALL OTHER CONSEQUENTIAL MONITORY BENEFITS AS REQUESTED BY THE PETITIONER VIDE WRITTEN REPRESENTATIONS DATED 22.5.2018, 30.5.2018, 20.6.2018 AT ANNEXURE-D, D1, D2, D3 AND D4. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondents to consider the claim of the petitioner for promotion to the cadre of Lecturer in Mathematics with retrospective effect from August 2018 and extend all other consequential monetary benefits by considering the representation dated 22.05.2018, 30.05.2018, 20.06.2018 at Annexures-D series. 2. Heard learned counsel Sri.G.S.Naveen Kumar for Sri.Mukkannappa, learned counsel for petitioner and learned counsel Sri.M.A.Subramani for respondents. Perused the writ petition papers. - 3 - NC: 2025:KHC:7234 WP No. 17925 of 2021 3. Learned counsel for the petitioner would submit that the claim of the petitioner for promotion to the cadre of Lecturer in Mathematics is not considered, though the petitioner was eligible for promotion. Further, learned counsel would submit that there are vacancies and as the petitioner is qualified and eligible, the respondent ought to have considered his case for promotion to the cadre of Lecturer in Mathematics. Therefore, he submits that the respondents may be directed to consider the representations of the petitioner dated 30.05.2018, 20.06.2018 at Annexures-D series, wherein the petitioner has requested for promotion. 4. Per contra, learned counsel Sri.M.A.Subramani would submit that the petitioner retired from service on attaining the age of superannuation in the year 2022 itself. Moreover, he submits that no junior of the petitioner was promoted to the cadre of Lecturer in Mathematics. Hence, the petitioner would not get any cause of action to seek promotion. - 4 - NC: 2025:KHC:7234 WP No. 17925 of 2021 5. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief as prayed in the writ petition. No employee has a right to seek promotion as a matter of right, but can seek for consideration of his case for promotion. In the instant case, as on this date, the petitioner has retired from service of Bruhat Bengaluru Mahanagara Palike (“BBMP” for short). The petitioner has also failed to point out promotion of any of his juniors to the cadre of Lecturer during his service in BBMP. In the absence of promotion of his juniors over-looking his case, the petitioner would not be entitled for retrospective promotion. 6. A writ of mandamus could be issued only when a person who approaches the Court establishes his right and consequent refusal by the respondents to perform their legal duty. In the instant case, petitioner has failed to establish his right for promotion. Accordingly, the - 5 - NC: 2025:KHC:7234 WP No. 17925 of 2021 petitioner would not be entitled for any relief and the writ petition stands dismissed. In view of dismissal of the writ petition, I.A.No.1/2024 for early hearing is disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 28