- 1 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION No. 21222 OF 2023 (S-KSAT) C/W WRIT PETITION No. 22841 OF 2023 (S-KSAT) IN WP No. 21222/2023 BETWEEN: 1. SMT. MEGHALA AGED ABOUT 50 YEARS, D/O SUBRAMANI, WORKING AS DEPUTY DIRECTOR DISTRICT INDUSTRIAL CENTRE, CTI BUILDING, SAYYAJI ROAD, MYSURU - 570001. 2. SRI. K.S. RAVIPRASAD AGED ABOUT 53 YEARS, S/O K.S.SIDDARAMAIAH, WORKING AS DEPUTY DIRECTOR, DISTRICT INDUSTRIAL CENTRE, CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT. 3. SRI. VEERESH NAIK, AGED ABOUT 48 YEARS, S/O THAKRYA NAIK, DEPUTY DIRECTOR, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 DISTRICT INDUSTRIAL CENTRE, SHIVAMOGGA-577201. 4. SRI. MOHAMMED RAFEEUQ REHMAN, AGED ABOUT 45 YEARS S/O MOHD. QALEEUR REHMAN, WORKING AS DEPUTY DIRECTOR, ZILLA PANCHAYATH INDUSTRIAL DIVISION, BANGALORE RURAL DISTRICT BANGALORE-560010. 5. SRI N. RAVICHANDRA, AGED ABOUT 55 YEARS, S/O NANJUNDAIAH REDDY, DEPUTY DIRECTOR ZILLA PANCHAYATH INDUSTRIAL DIVISION, KOLAR, KOLAR DISTRICT-563101. 6. SRI VISHOK DIXIT, AGED ABOUT 53 YEARS, S/O SHRIPAD DIXIT, DEPUTY DIRECTOR ZILLA PANCHAYATH INDUSTRIAL DIVISION, KARWAR, KARWAR DISTRICT-581301. 7. SMT. SUPRIYA S., AGED ABOUT 59 YEARS, W/O S. RAJENDRA, WORKING AS DEPUTY DIRECTOR, KARNATAKA UDYOGA MITHRA, BENGALURU, BENGALURU DISTRICT. 8. SRI. RAJKUMAR PATIL AGED ABOUT 55 YEARS, S/O BASAVANTH RAO PATIL WORKING AS ASST. DIRECTOR, KHADI AND VILLAGE INDUSTRIES, C/O DIC CAMPUS, - 3 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 NAVBAD, BIDAR BIDAR DISTRICT-585401. …PETITIONERS (BY SRI S. RAJESH, ADVOCATE FOR SRI MUKKANNAPPA S B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDL. CHIEF SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE - 560001. 2. THE COMMISSIONER, INDUSTRIAL DEVELOPMENT AND DIRECTOR OF INDUSTRIES AND COMMERCE, No.49, 2ND FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001. 3. SRI. SANTHOSH MALAJI, AGED ABOUT 35 YEARS, S/O MALLAPPA M MALAJI, WORKING AS ASST. DIRECTOR, VISVESWARAIAH TRADE PROMOTION CENTRE DEPT. OF INDUSTRIES AND COMMERCE, VTPC BUILDING, BESIDES MUSEUM, KASTURBA ROAD, BANGALORE - 560001. 4. KUM. PRIYANKA G. DAMMANAJI, AGED ABOUT 32 YEARS, D/O GURUPADAIAH B. DAMMANAJI, WORKING AS ASST. DIRECTOR, KARNATAKA UDYOG MITHRA, DEPT. OF INDUSTRIES AND COMMERCE, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE – 560001. - 4 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 5. SMT. MANJULA M.V., AGED ABOUT 42 YEARS, W/O CHANDRA BABU C., WORKING AS ASST. DIRECTOR, KARNATAKA UDYOG MITHRA, DEPT. OF INDUSTRIES AN COMMERCE, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560001. 6. MADHU V.S., AGED ABOUT 37 YEARS, D/O DR. V.N. SATHYANARAYANA REDDY, WORKING AS ASST. DIRECTOR, DEPT. OF INDUSTIRES AND COMMERCE, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560001. 7. SRI. MANSOOR, AGED ABOUT 44 YEARS, S/O GHOUSE M.Y., WORKING AS ASST. DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR, KHADI AND VILLAGE INDUSTIRES, DAVANAGERE - 577 001. 8. SRI. VENKATESH Y. K., AGED ABOUT 34 YEARS, S/O KARIYAPPA, WORKING AS ASST. DIRECTOR, OFFICE OF THE JOINT DIRECTOR, DISTRICT INDUSTRIES CENTRE, CHAMARAJANAGAR – 571442. 9. SRI. BHARGAV K., AGED ABOUT 33 YEARS, S/O KRISHNA MURTHY M., WORKING AS ASST. DIRECTOR, - 5 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 INVEST KARNATAKA FORM, DEPARTMENT OF COMMERCE AND INDUSTRIES, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 TO R2; SRI M. S. BHAGWAT, SENIOR COUNSEL FOR SRI KRISHNA S. VYAS, ADVOCATE FOR R3 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12.11.2021 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE, IN APPLICATION No.2427 TO 2433/2021 AT ANNEXURE-C AND AS WELL AS THE ORDER DATED 28.08.2023 PASSED BY THE TRIBUNAL IN REVIEW APPLICATION No.146 TO 155/2021 AT ANNEXURE-J AND ETC., IN WP No. 22841/2023 BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE-560 001. 2. THE COMMISSIONER INDUSTRIAL DEVELOPMENT AND DIRECTOR OF INDUSTRIES AND COMMERCE, No. 49, 2ND FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001. ...PETITIONERS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA) - 6 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 AND: 1. SRI. SANTHOSH MALAJI AGED ABOUT 35 YEARS, S/O. MALLAPPA M. MALAJI, WORKING AS ASSISTANT DIRECTOR, VISVESHARAIAH TRADE PROMOTION CENTRE, (VTPC), DEPARTMENT OF INDUSTRIES AND COMMERCE VTPC BUILDING, BESIDES MUSEUM, KASTURBA ROAD, BENGALURU-560 001. 2. KUM. PRIYANKA G. DAMMANAGI, AGED ABOUT 33 YEARS, D/O. GURUPADAIAH B. DAMMANAJI, WORKING AS ASSISTANT DIRECTOR, KARNATAKA UDYOG MITHRA (KUM), DEPARTMENT OF INDUSTRIES AND COMMERCE, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 3. SMT. MANJULA. M. V., AGED ABOUT 43 YEARS, W/O. CHANDRA BABU. C, WORKING AS ASSISTANT DIRECTOR, KARNATAKA UDYOG MITHRA (KUM), DEPARTMENT OF INDUSTRIES AND COMMERCE, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. SRI. MADHU. V. S., AGED ABOUT 38 YEARS, D/O. DR. V. N. SATYANARAYANA REDDY, WORKING AS ASSISTANT DIRECTOR, KARNATAKA UDYOG MITHRA (KUM), DEPARTMENT OF INDUSTRIES AND COMMERCE, - 7 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 5. SRI. MANSUR AGED ABOUT 45 YEARS, S/O. GHOUSE M. Y., WORKING AS ASSISTANT DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR, KHADI AND VILLAGE INDUSTRIES (KVI), DAVANAGERE-577 001. 6. SRI. VENKATESH. Y. K., AGED ABOUT 35 YEARS, WORKING AS ASSISTANT DIRECTOR, OFFICE OF THE JOINT DIRECTOR, DISTRICT INDUSTRIES CENTRE, CHAMARAJANAGARA-571 442. 7. SRI. BHARGAV. K., AGED ABOUT 33 YEARS, S/O. KRISHNAMURTHY. M, WORKING AS ASSISTANT DIRECTOR, INVEST KARNATAKA FORM (IKF), DEPARTMENT OF INDUSTRIES AND COMMERCE, No.49, 3RD FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. ...RESPONDENTS (BY SRI M. S. BHAGWAT, SENIOR COUNSEL FOR SRI KRISHNA S. VYAS, ADVOCATE FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.11.2021 IN A.No-2427-2433/2021 AND ORDER DATED 16.08.2023 IN REVIEW PETITION No-39/2022 PASSED BY THE HO'NBLE KSAT BENGALURU. - 8 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) In W.P. No.22841/2023: Heard learned Additional Advocate General Sri.Reuben Jacob assisted by Sri.V.Shiva Reddy, learned Additional Government Advocate for the petitioner – State and learned Senior Counsel Sri.M.S.Bhagwat assisted by Sri.Krishna S. Vyas, learned counsel for respondent Nos.1 to 7. 2. This petition has been filed seeking to set aside the order dated 12.11.2021 in Application No.2427 to 2433 of 2021 and the order dated 16.08.2023 in Review Petition No.39/2022 passed by the Karnataka State Administrative Tribunal at Bengaluru. - 9 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 3. The contention of the learned counsel for the petitioner is that earlier a notification dated 28.10.2020 was issued which was subjected to challenge before the said Administrative Tribunal and the application came to be allowed by the order impugned. 4. It is contended that thereafter, after issuance of a draft Notification on 02.09.2024, a final Notification on 04.10.2024 was issued by the State Government in which retrospective effect has been given to Clauses (v) and (vi) in the schedule of the Karnataka Industries and Commerce Services (Recruitment) Rules, 2001. The retrospectivity is with effect from 23.12.2016. 5. The short contention of learned counsel for the petitioner is that the observations made in the order impugned of the Karnataka State Administrative Tribunal with regard to the contention that the merger even if tenable cannot be given retrospective effect and can only have prospective effect as well as the observation that the - 10 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 cadre of IPO is not at all an equivalent cadre to that of Assistant Director as they are one of the two feeder cadres to the post of Assistant Director cadre, would come in the way of the Notification now issued by the State Government. 6. Learned counsel for the respondent has stated that he has no objection to if the Tribunal takes a de novo look at the Notification without being influenced by the observations made by the Tribunal in the order impugned. 7. Under the facts and circumstances of the case, and in view of the submissions advanced by learned counsel for the petitioner, we deem it fit to dispose of this petition with the observation that the learned Karnataka State Administrative Tribunal may look into the challenge to the aforesaid Notification of 04.10.2024 without being influenced by the observations of the Tribunal made in the impugned order which have been noted aforesaid. - 11 - HC-KAR NC: 2025:KHC:28616-DB WP No. 21222 of 2023 C/W WP No. 22841 of 2023 8. We further provide that it shall be open to the counsel to raise such plea and such objections as they may deem fit and the order impugned shall not come in the way of such submissions made. In W.P. No.21222/2023: For orders, please see the orders passed in the connected case in W.P. No.22841/2023, which is disposed of on 25.07.2025. Main writ petition No.21222/2023 also stands disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (S.G.PANDIT) JUDGE Para Nos.1 to 3 - NC Para Nos.4 to 8 - VBS List No.: 1 Sl No.: 32