- 1 - NC: 2025:KHC:9026 WP No. 54272 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 54272 OF 2014 (S-RES) BETWEEN: M. KRISHNA S/O MARIMADAIAH, AGED ABOUT 51 YEARS, WORKING AS MANAGER GR-1 COIR BOARD, REGIONAL OFFICE, 3a, PEENYA INDUSTRIAL AREA, PEENYA IST STAGE, ANDRAHALLI MAIN RD, KALIKA NAGAR, RAGAVENDRA NAGAR, BANGALORE-560 058, AND RESIDING AT FLAT NO.TF-02, MALLIKA APARTMENTS, 3RD MAIN, 3RD CROSS, 5TH STAGE, BEML LAYOUT, RAJARAJESWARI NAGAR, BANGALORE-560 095. …PETITIONER (BY SRI. NARAYANA BHAT M., ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES L-BLOCK, OPP HALDIRAM, CONNAUGHT CIRCUS, CONNAUGHT LANE, BARAKHAMBA, NEW DELHI-110001. 2. THE COIR BOARD, HEAD OFFICE, REPRESENTED BY ITS SECRETARY, Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:9026 WP No. 54272 of 2014 MAHATMA GANDHI RD, KOCHI, KERALA-682016. 3. THE CHAIRMAN, COIR BOARD, HEAD OFFICE, MAHATMA GANDHI ROAD, KOCHI, KERALA-682016. 4. SRI. ANANDABABU S/O A. KUTTY KRISHNAN NAIR, AGED ABOUOT 55 YEARS, WORKING AS JOINT DIRECTOR, COIR BOARD, HEAD OFFICE, MAHATMA GANDHI RD, KOCHI, KERALA-682016. 5. SRI. V. BABU, FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 55 YEARS, WORKING AS DEPUTY DIRECTOR (SFURTI) COIR BOARD, HEAD OFFICE, MAHATMA GANDHI RD, KOCHI, KERALA-682016. 6. SRI A.C. JOSE, AGE: MAJOR THE THEN CHAIRMAN, COIR BOARD, HEAD OFFICE, MAHATMA GANDHI RD, KOCHI, KERALA-682016. 7. SRI. J. VIJAYARAGHAVAN, AGE: MAJOR, FORMER CHAIRMAN, COIR BOARD, R/O ERIMAUR POST, PALAKKAD DISTRICT, KERALA-678001. 8. SRI. M. KUMARARAJA, AGE: MAJOR, SECRETARY, COIR BOARD, HEAD OFFICE, MAHATMA GANDHI RD, - 3 - NC: 2025:KHC:9026 WP No. 54272 of 2014 KOCHI, KERALA-682016. 9. PROF. G. BALACHANDRAN, AGE: MAJOR FORMER CHAIRMAN, COIR BOARD, CONVENT SQUARE, ALLAPUZHA-688012. …RESPONDENTS (BY SRI. UNNIKRIHSNAN, CENTRAL GOVERNMENT COUNSEL FOR RESPONDENT NOS.1 TO 3; SRI. K.G.SADASHIVAIAH, ADVOCATE FOR RESPONDENT NO.4; NOTICE SERVED ON RESPONDENT NOS.5, 8 AND 9; VIDE ORDER DATED 28.06.2016, NOTICE TO RESPONDENT NOS.6 AND 7 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR PROMOTION TO THE POST OF MANAGER GRADE- I/DEPUTY DIRECTOR AND DISPOSE OF THE APPEAL DATED 07.12.2011 VIDE ANNEXURE-E AND GRANT HIM ALL THE CONSEQUENTIAL BENEFITS, SUCH AS SENIORITY, FIXATION OF PAY AND ARREARS OF SALARY FROM THE DATE ON WHICH THE SAID PROMOTION IS DUE TO HIM. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ - 4 - NC: 2025:KHC:9026 WP No. 54272 of 2014 ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.3 to consider his case for promotion to the post of Manager Grade-1/Deputy Director by disposing of his representation. 2. (i) The facts in brief are that the petitioner joined the services of the respondent No.3 as a Lower Division Clerk with effect from December, 1996. He was thereafter, promoted to the post of Manager Grade-III during the month of December, 1990 and Manager Grade-II during the month of February, 1996. He was eligible for promotion to the post of Deputy Director or to the cadre of Manager Grade-I. However, the petitioner alleges that in order to grant benefit to certain others, his promotion was withheld. He contends that he was promoted to the post of Manager Grade-I during the month of August, 2011, though, he was entitled to be promoted with effect from 01.04.2003. He contends that in order to deprive the promotion with effect from 01.04.2003, he was implicated in a departmental proceedings and was placed on suspension. The order of suspension was later on revoked. The respondent - 5 - NC: 2025:KHC:9026 WP No. 54272 of 2014 No.2 issued a charge memo. An enquiry was conducted and the petitioner was slapped with an order of censure. (ii) The petitioner contends that in the meanwhile, the Departmental Promotion Committee considered the case of the petitioner and adopted a sealed cover procedure. The petitioner contends that the said order was challenged in W.P.No.37042/2015. The Co-ordinate Bench of this Court vide order dated 11.09.2018, set aside the order of censure and directed the consideration of the case of the petitioner for promotion. In the meanwhile, the petitioner had submitted a representation on 07.12.2011 for consideration of his case for promotion to the post of Manager Grade-I, with effect from 01.04.2003. (iii) The petitioner contends that the said representation is not considered till date and therefore, seeks for an appropriate direction to respondent Nos.2 and 3 to consider the representation, in the light of the order passed by this Court in W.P.No.37042/2015. 3. Learned counsel for the respondent Nos.2 and 3 submits that the order dated 11.09.2018 passed in - 6 - NC: 2025:KHC:9026 WP No. 54272 of 2014 W.P.No.37042/2015 is pending consideration in W.A.No.151/2019. Therefore, he submits that the case of the petitioner would be considered after disposal of the writ appeal. 4. I have considered the submissions of the learned counsel for the petitioner as well as leaned counsel for the respondent Nos.2 and 3. 5. This Court in W.P.No.37042/2015 had set aside the order of censure imposed upon the petitioner. The Departmental Promotion Committee had found the petitioner eligible to be promoted to the post of Manager Grade-I and therefore, had adopted the sealed cover procedure. A Co- ordinate Bench of this Court in W.P.No.37042/2015 had directed the consideration of the case of the petitioner for promotion without looking into the penalty of censure vide order dated 13.07.2011. 6. In that view of the matter, the respondent Nos.2 and 3 are bound to open the sealed cover and grant the promotion to the petitioner within a period of three months from the date of receipt of a copy of this order. It is needless - 7 - NC: 2025:KHC:9026 WP No. 54272 of 2014 to mention that any promotion that may be granted to the petitioner shall be subject to the outcome of W.A.No.151/2019. 7. The writ petition is disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 0