Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4873 WP No. 34331 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 34331 OF 2024 (S-RES) BETWEEN:
SRI KUMARA SWAMY M S/O. MANJUNATH, AGED ABOUT 45 YEARS, HELPER, TUMKUR DISTRICT MILK PRODUCERS CO-OPERATIVE UNION LTD., MALLASANDRA-572 107, TUMKUR AT AND DISTRICT. …PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADV.)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, REP. BY ITS SECRETARY, M. S. BUILDING, BANGALORE-560 001.
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BENGALURU-560 001.
3.
TUMKUR DISTRICT MILK PRODUCERS CO-OPERATIVE UNION LTD., MALLASANDRA-572 107, TUMKUR AND DISTRICT, BY ITS MANAGING DIRECTOR,
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4873 WP No. 34331 of 2024
(REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959). …RESPONDENTS (BY SRI.SHIVAPRABHU HIREMATH, AGA FOR R1 & R2 SRI A.C. BALARAJ, ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 3 TO CONSIDER THE REPRESENTATIONS DATED 20.06.2024, 23.04.2024 AND 01.08.2024 IN NUMBER NIL VIDE ANNX-H, J, K, L AND M SUBMITTED BY THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
Heard Sri.Jai Prakash Reddy, learned counsel for the petitioner; Sri.Shivaprabhu Hiremath, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri.A.C.Balaraj, learned counsel for Respondent No.3.
2. Petitioner, who is working as Helper in respondent No.3 is before this Court, praying for a writ of mandamus directing respondent No.3 to consider the representations at Annexures-H and J dated 20.06.2024, Annexures-K and L dated 23.07.2024 and Annexure-M dated 01.08.2024,
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NC: 2025:KHC:4873 WP No. 34331 of 2024
wherein he had requested to consider his case for promotion to the next higher cadre.
3. Sri.A.C.Balaraj, learned counsel for respondent No.3 would submit that 3rd respondent would consider the request of the petitioner and pass appropriate order in accordance with law.
4. On hearing the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that petitioner would be entitled for a writ of mandamus as prayed in the writ petition. A person in service would be entitled for consideration of his case for promotion, if he is eligible, in accordance with the relevant Service Rules. The petitioner has submitted representations at Annexures-H, J, K, L and M requesting consideration of his case for promotion to the next higher cadre, which needs to be considered in the light of the Service Rules of the respondents
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NC: 2025:KHC:4873 WP No. 34331 of 2024
5. Taking note of the submission of learned counsel for respondent No.3, the following order:
Respondent No.3 is
directed to consider the representations at Annexures-H and J dated 20.06.2024, Annexures-K and L dated 23.07.2024 and Annexure-M dated 01.08.2024 and pass appropriate
order in accordance with law, within a period of 3 months from today.
With the above, the writ petition stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
MPK CT:bms List No.: 1 Sl No.: 52