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.14046/2024 (S-RES) BETWEEN: KARNATAKA STATE GOVERNMENT BLIND EMPLOYEES ASSOCIATION A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960 HAVING ITS REGISTERED ADDRESS AT NO.41/B, B BLOCK, RAINBOW LAYOUT VADERAHALLI, VIDYARANYAPURA POST, BANGALORE-560087 REP. BY ITS GENERAL SECRETARY MR. SATISHAKUAMR JALINAGAR. ...PETITIONER (BY SMT. JAYNA KOTHARI, SR. COUNSEL FOR SRI NAVEEN CHANDRA V., ADV.) AND: 1. STATE GOVERNMENT OF KARNATAKA ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA BANGALOR-560001 REP. BY CHIEF SECRETARY. 2. STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS 2 M S BUILDING AMBEDKAR VEEDHI BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 3. STATE GOVERNMENT OF KARNATAKA DEPARTMENT FOR THE EMPOWERMENT OF THE DIFFERENTLY ABLED AND SENIOR CITIZENS DR. AMBEDKAR VEEDHI BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 4. UNION OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCE AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK NEW DELHI-1100021 REP. BY ITS DEPUTY SECRETARY. …RESPONDENTS (BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 TO R3 SRI DAMODAR SHANBHAG, ADV. FOR SRI MADHUKAR DESHPANDE, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS 1 TO 3 STATE GOVERNMENT TO PROVIDE 4% RESERVATIONS IN PROMOTIONS TO PERSONS WITH BENCHMARK DISABILITIES IN GROUP A AND GROUP B CATEGORIES OF GOVERNMENT POSTS; 2. ISSUE A WRIT OF CERTIORARI QUASHING THE GOVERNMENT ORDER DATED 3 28.3.2023 ISSUED BY THE R-2 BEARING NO. DPAR 121 SRR 2020, PRODUCED HEREIN AS ANNEXURE-L, TO THE EXTENT THAT IT PROVIDES ONLY 4% RESERVATIONS IN PROMOTIONS FOR PERSONS WITH BENCHMARK DISABILITIES IN GROUP C AND D AND TO DIRECT THE RESPONDENT NO.2 TO ISSUE A CORRIGENDUM TO INCREASE IT TO 5% RESERVATIONS IN PROMOTIONS, SO AS TO BRING IT IN CONFORMITY WITH RESERVATIONS OF 5% PROVIDED TO PERSONS WITH DISABILITIES IN DIRECT RECRUITMENT IN GROUP C AND D AND TO ALLOT THE ROSTER POINTS FOR RESERVATIONS IN PROMOTIONS FOR PERSONS WITH BENCH MARK DISABILITIES THE SAME AS THE ROSTER POINTS ALLOTTED FOR RESERVATION IN DIRECT RECRUITMENT AS 4, 24,44, 64 AND 84 AND ETC. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 06/01/2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S.G.PANDIT CAV ORDER Petitioner, an Association of Karnataka State Government Blind Employees is before this Court under 4 Article 226 of the Constitution of India praying for the following reliefs: “A. Issue a writ of Mandamus, directing the Respondents 1 to 3 State government to provide 4% reservations in promotions to persons with benchmark disabilities in Group A and Group B categories of government posts; B. Issue a writ of certiorari quashing the Government Order dated 28.3.2023 issued by Respondent No-2 bearing No. DPAR 121 SRR 2020, produced herein as ANNEXURE-L, to the extent that it provides only 4% reservations in promotions for persons with benchmark disabilities in Group C and D and to direct the Respondent No.2 to issue a corrigendum to increase it to 5% reservations in promotions, so as to bring it in conformity with reservations of 5% provided to persons with disabilities in direct recruitment in Group C and D and to allot the roster points for reservations in promotions for persons with bench mark disabilities the same as the roster points 5 allotted for reservation in direct recruitment as 4, 24, 44, 64 and 84; C. Issue a writ of certiorari quashing the Office Memorandum dated 17.5.2022, bearing No. 36012/1/2020- Estt. (Res.-II), issued by Respondent No. 4 Union of India, produced herein as ANNEXURE - G, to the extent that it only allows the promotion to group A to the last rung in Group A, and to direct that reservations in Group A should not be subjected to any such restriction; D. Issue a writ of Mandamus directing the Respondents 1 to 3 to frame a comprehensive policy for reservations in promotions for persons with benchmark disabilities in all government departments as provided under Section 34 of the Rights of Persons with Disabilities Act, 2016; E. Issue a writ of Mandamus directing the Respondents to identify promotional posts as notified by the Ministry of Social Justice and Empowerment, Government of India as well as the State Government of Karnataka within a fixed period of 3 months; 6 F. Issue a writ of Mandamus directing the Respondents to appoint Liaison officer in accordance with Rule 8 of the Rights of Persons with Disabilities Rules, 2017 to ensure proper implementation of reservation in promotion for persons with disability; and G. Issue a writ of Mandamus directing the Respondents to use the right terminologies and appropriate words pertaining to persons with disabilities in the government orders issued by the government and to publish an administrative dictionary pertaining to persons with disability.” 2. Heard learned senior counsel Smt.Jayna Kothari for Sri.Naveen Chandra.V., learned counsel for petitioner, learned Additional Government Advocate Sri.Shivaprabhu Hiremath, for respondent Nos.1 to 3 and learned counsel Sri.Damodar Shanbhag., for Sri.Madhukar Deshpande, learned counsel for respondent No.4. Perused the entire writ petition papers. 7 3. Learned senior counsel appearing for the petitioner-Association would submit that petitioner- Association is before this Court seeking for a direction to the State Government to provide 4% reservations in promotions to persons with benchmark disabilities in Group-A and B categories and also praying for quashing O.M. dated 17.05.2022 issued by fourth respondent - Union of India to the extent that it only allows promotion to Group-A to the last rung in Group-A and to direct that reservations in Group-A should not be subjected to any such restriction along with other prayers. 4. When a specific query was put to the learned senior counsel for the petitioner-Association as to when the statutory forum is established under the State Administrative Tribunals Act, 1985 (for short, ‘1985 Act’) for redressal of grievance of Government Servants, whether this Court should entertain the writ petition, learned senior counsel submitted that since the 8 petitioner-Association is only seeking for mandamus to provide 4% reservation in promotions to Group-A and B categories to persons belonging to benchmark disabilities and when the matter of reservation is involved, writ could be entertained by this Court under Article 226 of the Constitution of India. 5. Section 14 of 1985 Act confers jurisdiction on the Central Administrative Tribunal to deal with the grievances of the Central Government Employees and other notified Central Government Institutions. Section 15 of 1985 Act confers jurisdiction on the State Administrative Tribunals to deal with the grievances of the State Government Employees and notified other local bodies or institutions. Section 3(q) of 1985 Act defines ‘service matters’ which reads as follows: “3(q). “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local 9 or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation or society owned or controlled by the Government, as respects— (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever” 6. Service matters includes matters pertaining to recruitment, promotion, disciplinary proceedings, pension etc., of civil servants or holders of civil posts. 7. petitioner-Association’s first prayer is to direct the State Government to provide 4% reservations in promotions to persons with benchmark disabilities in Group-A and Group-B categories of government posts. 10 When the petitioner-Association is seeking reservation in promotion for benchmark disability persons in Group-A and Group-B categories of Government posts, it would be service matter and it is appropriate for the petitioner- Association to approach the Tribunal established under 1985 Act. 8. Insofar as prayer to quash O.M. dated 17.05.2022 of respondent No.4 – Union of India, the same relates to the Central Government Employees and for redressal of Central Government Employees, Central Administrative Tribunal would be the appropriate forum. 9. When statute provides special forum for redressal of grievance of Government Servants and the matters relating to recruitment and promotion, this Court restrains itself from entertaining the writ petition under Article 226 of the Constitution of India. The Tribunal established under 1985 Act is the Court of first 11 instance for the Government Employees, as observed by the Hon'ble Apex Court in L.CHANDRA KUMAR VS. UNION OF INDIA AND OTHERS1. 10. For the reasons recorded above, I decline to entertain the writ petition and it is open for the petitioner-Association to approach appropriate forum established under the 1985 Act. Sd/- (S.G.PANDIT) JUDGE NC. CT:bms 1 (1997) 3 SCC 261