- 1 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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.13996 OF 2025 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICES, VIKASA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER ANIMAL HUSBANDRY AND VETERINARY SERVICES, PASHUPALANA BHAVAN, OPP. CBI OFFICE, HEBBAL, BENGALURU-560 024. 3. THE DEPUTY DIRECTOR DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICES, CMC BUILDING, 2ND FLOOR, NEHRU ROAD, SHIVAMOGGA, SHIVAMOGGA DISTRICT-577 201. …PETITIONERS (BY SRI. V SHIVA REDDY, AGA) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 AND: DR. LAKSHMANA. A. M. S/O MALLAPPA, AGED ABOUT 52 YEARS, VETERINARY OFFICER, VETERINARY HOSPITAL, SHIRALAKOPPA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 428, R/O. BEERALINGESHWARA NILAYA, BEHIND PETROL BUNK, SORABA ROAD, SHIRALIKOPPA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 428. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER OR DIRECTION FOR SETTING ASIDE THE ORDER DATED 31.07.2023 IN APPLICATION No.589/2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, AND REJECT THE APPLICATION FILED BY THE RESPONDENT HEREIN, ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE T.M. NADAF) This petition is directed against the order dated 31.07.2023, in Application No.589/2023, passed by the - 3 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 Karnataka State Administrative Tribunal at Bengaluru Bench (‘KSAT’ for short), vide Annexure-A. 2. Though the matter is listed for ‘Preliminary Hearing’ with the consent of the learned AGA, the petition is taken up for final disposal. 3. Shorn of details, brief outline of the facts leading to filing of this petition are as under: The applicant / respondent is a Veterinary Officer; he was working in Shiralakoppa Veterinary Hospital, and has completed 17 years in the cadre of Veterinary Officer as on the date of the filing of the application. The Government on 29.12.2012, reorganised the Department as per Annexure-A1. Further, on 18.07.2017 the Government promulgated Karnataka Animal Husbandry and Veterinary Services (Cadre and Recruitment) Rules, 2017 (‘Rules of 2017’ for short). 4. The grievance of the applicant / respondent was that he was not granted time bound promotions; in - 4 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 consonance with the Government Order dated 29.12.2012 and Rules of 2017, which were extended to his juniors. The respondent - Government had taken a contention before the Tribunal that a proceeding is pending before the Karnataka State Commission for SC/ST (‘SC/ST Commission’ for short), as such, the benefits could not be extended. 5. The Tribunal after considering the rival contentions and perusing the material placed before it came to a conclusion that as per Rules 2017, an Officer covered under the Rules is entitled for the benefits, there under, provided no departmental enquiry is pending against him or if it is concluded resulting in punishment, the same is not cleared or lapsed. Accordingly, allowed the application directing the Government to extend the benefits, in terms of its order dated 31.07.2023. It is this order which is called in question by the petitioners - State in the present writ petition. - 5 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 6. Heard Sri.V.Shiva Reddy, learned AGA for the petitioners. 7. Sri.Shivareddy, reiterated the same grounds urged before the KSAT. That apart he has produced a copy of the order dated 23.09.2024 passed in Writ Appeal No.339/2021 where under, the writ appeal filed by the applicant/respondent against the order of the learned Single Judge came to be dismissed, challenging proceedings before SC/ST Commission. He further submitted that in view of the dismissal of the appeal, the proceedings before the SC/ST Commission is continuing, under circumstances, the applicant/respondent herein is not entitled for any benefit claimed under the application. Further, the learned counsel also submitted that the Tribunal has committed serious error in directing to disburse the withheld time bound benefits with 6% interest per annum, instead of directing to consider the representation of the applicant, as the applicant had - 6 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 approached the Tribunal for consideration of his representation. 8. Having heard the learned AGA and perused the entire writ petition record, the only question that arises for our consideration is: “Whether the order dated 31.07.2023, passed by the KSAT in Application No.589/2023 requires interference by this Court? 9. We answer the above question in ‘negative’ for the following reasons: It is not in dispute that the applicant / respondent completed 17 years in the cadre of Veterinary Officer and is entitled for the benefit under the Government Order 29.12.2012, and Rules of 2017 framed thereon. As per the Rules 2017, as contended by the learned AGA an officer covered there under is entitled for the benefit provided no disciplinary action is pending against him or if concluded resulting in punishment, the period of punishment is cleared or lapsed. - 7 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 10. As per records, admittedly both the contingencies are not forthcoming so far as the applicant / respondent is concerned. Mere pendency of proceeding before the SC/ST Commission against the applicant in relation to the death of a bull belonging to Sri.Mariyappa, has nothing to do with the benefits to which the applicant / respondent is entitled under the Rules 2017 and the Government Order dated 29.12.2012. The submission of the learned AGA that this Court by an order dated 23.09.2024 dismissed the Writ Appeal No.339/2021, wherein proceedings before the Commission was under challenge, has no bearing on the decision of the Tribunal. The Tribunal has allowed the application by a well- reasoned order after satisfying that both the contingencies, such as, pendency of disciplinary enquiry or if concluded resulting in punishment, not lapsed or cleared are absent so far as the applicant/respondent is concerned. In an earlier application being Application Nos.5889-5890/2014, the Tribunal while allowing the - 8 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 application filed by the respondent / applicant and another, quashed the order dated 19.03.2014 passed by the by Principal Secretary, Department Of Animal Husbandry And Veterinary Services directing the applicant / respondent and another to compensate one Mariyappa by providing a set of male calves and reserved liberty to the petitioners herein to proceed with the departmental enquiry against the applicant / respondent in accordance with law. On a query, learned AGA has submitted that so far till date, no departmental enquiry is initiated. 11. In view of the same, we find no infirmities in the order passed by the Tribunal. The Tribunal considering the entire material placed before it, rightly passed the order allowing the application, acceding to the relief sought for. We find no infirmities in the order passed by the Tribunal. In view of the same, the petition sans merit and accordingly, we proceed to pass the following: - 9 - HC-KAR NC: 2025:KHC:19363-DB WP No. 13996 of 2025 ORDER i) The writ petition filed challenging the order dated order dated 31.07.2023, in Application No.589/2023, passed by the KSAT, vide Annexure-A, sans merit stands dismissed. ii) No order as to cost. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 18