- 1 - NC: 2025:KHC:1648-DB WA No. 1605 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1605 OF 2024 (S-KSRTC) BETWEEN: 1. SRI. M.VEERABHADRAPPA AGED ABOUT 59 YEARS, S/O MUNIYAPPA, DEPUTY CHIEF LAW OFFICER, B M T C, CENTRAL OFFICES, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027. …APPELLANT (BY SRI. MUKKANNAPPA S B, ADVOCATE) AND: 1. THE MANAGING DIRECTOR K S R T C, CENTRAL OFFICES, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027 2. CHIEF PERSONNEL MANAGER K S R T C, CENTRAL OFFICES, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1648-DB WA No. 1605 of 2024 3. SRI SATHISH RAJU J AGED ABOUT 48 YEARS, DEPUTY CHIEF LAW OFFICER, N W K R T C, CENTRAL OFFICES, HUBBLI - 580 029 4. SRI SHARANABASAPPA BHAVIKATTI AGED ABOUT 54 YEARS, CHIEF LAW OFFICER, K K R T C, GULBARGA - 585 102. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20.09.2024 PASSED BY THE LEARNED SINGLE JUDGE, IN WRIT PETITION NO.14435 OF 2024 AND CONSEQUENTLY ALLOW THE WRIT PETITION NO.14435 OF 2024 FILED BY THE APPELLANT, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:1648-DB WA No. 1605 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. S.B.Mukkannappa for the appellant. 2. The present appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against the judgment and order dated 20.09.2024 of learned Single Judge whereby, writ petition No.14435 of 2024 of the appellant-petitioner came to be dismissed. 2.1 In the main petition, twin prayers were made by the petitioner. The first prayer was to set aside the endorsement/communication dated 18.04.2024 issued by the Chief Personnel Manager, Karnataka State Road Transport Corporation-respondent No.2 herein, whereby the grievance of the petitioner about his promotion was not entertained. The said endorsement dated 18.04.2024 which figures on record, turned down the request of the petitioner which was in the nature of grievance in respect of the consideration of respondent Nos.3 and 4 for promotion to the post of Law Officer. 2.2 The second limb of the prayer was for directing respondent Nos.1 and 2 to conduct the Departmental Promotion Committee - 4 - NC: 2025:KHC:1648-DB WA No. 1605 of 2024 meeting and consider the case of the petitioner for promotion to the cadre of Chief Law Officer (Selection Grade-I) and extend consequential monetary benefits. 3. Objecting to the promotional rights considered for respondent Nos.3 and 4 herein, it was the case of the petitioner that the said respondents were appointed and reported to the post on 30.11.1999, whereas the petitioner was appointed and reported to the initial post on 10.02.2000. Thus, when appointed as Law Officer, the petitioner was admittedly junior in terms of the appointment and joining the duties compared to the said respondent Nos.3 and 4. 3.1 According to the petitioner, respondent Nos.3 and 4 were allegedly not eligible to be given promotion as respondent No.3 did not possess the requisite qualification as to the experience at the time of his appointment to the post of Law Officer. As regards respondent No.4 is concerned, what was alleged was that he had been facing certain disciplinary action and it was the contention of the petitioner that unless the said disciplinary proceedings were concluded, the promotion could not be given to the said respondent No.4. - 5 - NC: 2025:KHC:1648-DB WA No. 1605 of 2024 4. The petition was contested by respondent nos.1 and 2- authorities and it is submitted that the petitioner had raised grievance in respect of respondent No.4 belatedly, after the appointment of respondent No.3. About the consideration of the promotion of respondent No.4 is concerned, it was stated that respondent No.4 was facing the disciplinary inquiry proceedings which was still under progress. It was stated that when the Departmental Promotion Committee would meet, it would consider the case under a sealed cover process and as regards the promotion given to respondent No.3 is concerned, it was a clear case that it booked no irregularity. 5. While dismissing the petition, learned Single Judge took note of the aspect that the grievance raised by the petitioner was at a belated stage and the petitioner was due to retire within a short period of eleven months. At such juncture, the petitioner questioned the eligibility of respondent No.3 who was already long back promoted. 5.1 Learned Single Judge further observed that respondent No.3 was factually found to have possessed all the requisite eligibility criteria and that he was Senior to the petitioner, and therefore, - 6 - NC: 2025:KHC:1648-DB WA No. 1605 of 2024 respondent No.3 was given promotion to the only available vacant post as Chief Law Officer. 5.2 Learned Single Judge was justified in viewing that the promotion cannot be claimed as a matter of right and that the grievance sought to be put forward by the petitioner was indolence and belated attempt to question the eligibility which was even otherwise not tenable. 6. No case is made out to interfere with the judgment and order of the learned Single Judge in the appellate jurisdiction. 7. The appeal is accordingly dismissed. In view of dismissal of the appeal, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 16