- 1 - NC: 2025:KHC:8153 WP No. 2747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2747 OF 2025 (S-RES) BETWEEN: A. KUMAR S/O ANNAIAH AGED ABOUT 54 YEARS WORKING AS COMMUNITY ORGANISER TOWN MUNICIPAL COUNCIL BANNUR-571 101. …PETITIONER (BY SRI. SRINIVAS V., ADV. - ABSENT) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT M S BUILDING BANGALORE -560 001. 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, V V TOWER DR. B.R. AMBEDKAR VEEDHI BANGALORE-560 001. 3. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE -570 001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8153 WP No. 2747 of 2025 4. THE PROJECT OFFICER DISTRICT URBAN DEVELOPMENT CELL, OFFICE OF THE DEPUTY COMMISSIONER, MYSORE-570001. 5. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL BANNUR-571 101. 6. PRAMASHIVAYA AGED ABOUT 59 YEARS COMMUNITY AFFAIRS OFFICER KOLLEGAL TOWN MUNICIPAL COUNCIL KOLLEGAL-571440. 7. MALLESH AGED ABOUT 54 YEARS COMMUNITY AFFAIRS OFFICER TOWN MUNICIPALITY GUNDAL PET -571 111 ON DEPUTATION TO ASSISTANT DIRECTOR SKILL DEVELOPMENT AND ENTREPRENEURSHIP AND LIVELIHOOD CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR-571 313. 8. KAMARAJU AGED ABOUT 58 YEARS COMMUNITY AFFAIRS OFFICER PATNA PANCHAYATHA OFFICER BOGADI-570 026 MYSORE DISTRICT. - 3 - NC: 2025:KHC:8153 WP No. 2747 of 2025 9. VEENA AGED ABOUT 55 YEARS COMMUNITY AFFAIRS OFFICER TOWN MUNICIPAL NAGAMANGALA-571 432 MANDYA DISTRICT. 10. NAGENDRA AGED ABOUT 54 YEARS COMMUNITY AFFAIRS OFFICER HOOTGHALLI CITY MUNICIPAL COUNCIL MYSORE -570 018. 11. ANANDAPPA G AGED ABOUT 53 YEARS COMMUNITY AFFAIRS OFFICER AJJAMPUR -577 547. 12. SUDHARSHAN C.S. AGED ABOUT 59 YEARS COMMUNITY AFFAIRS OFFICER HUNSUR TOWN MUNICIPAL COUNCIL HUNSUR – 571105. …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 TO R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE PROMOTION ORDER DATED 05/07/2013 BEARING NO. PAU.NL/SIBBANDI/ SA.SAM/MUBANDI/MAI.VO/C.R/65/12-13 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-F TO THE WRIT PETITION; B) QUASH THE PROMOTION ORDER DATED 30/01/2020 BEARING NO.18981 DMA 01 COG 2016-17 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-H TO THE WRIT PETITION AND ETC. - 4 - NC: 2025:KHC:8153 WP No. 2747 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER This writ petition was heard at the stage of preliminary hearing on 01.02.2025 and on 20.02.2025. 2. On the last occasion, learned counsel for the petitioner had sought time to make his further submission and to place on record certain documents. 3. Today, when the case is called, learned counsel for the petitioner is absent in the morning as well as in the afternoon. 4. On going through the writ petition papers, it is seen that the petitioner has questioned the order of promotion dated 05.07.2013 bearing No.¥Ë¤/¹§âA¢/¸À.¸ÀA./ªÀÄÄA§rÛ/ªÉÄÊ«/ ¹Dgï/65/12.13 dated 05.07.2013 (Annexure-F) and promotion order dated 31.08.2024 bearing No.1117559DMA/EST2/CO/9/2023 (Annexure-R). Further, - 5 - NC: 2025:KHC:8153 WP No. 2747 of 2025 the petitioner has prayed for a writ of mandamus directing the respondents to consider the representation dated 23.06.2023 (Annexure-L) and to promote the petitioner for the post of Community Affairs Officer w.e.f. 18.06.2013. 5. The writ petition suffers from delay and latches. Challenging the orders of promotion of respondent Nos.6 to 12 passed in the years 2013, 2020 and August 2024, the petitioner is before this Court by filing the writ petition in January, 2025. 6. The Hon'ble Apex Court in P.S.SADASHIVASWAMY v/s STATE OF TAMIL NADU AND OTHERS has held that shortest delay also would disentitle the petitioner for any relief. 7. In the above circumstances, the challenge to promotion of respondents is rejected. It is open for the petitioner to make a representation and seek promotion to the next higher cadre and it is for the respondents to - 6 - NC: 2025:KHC:8153 WP No. 2747 of 2025 consider the case of the petitioner for promotion, if he is otherwise qualified and eligible for promotion. 8. With the above, the writ petition stands disposed of. SD/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 25