- 1 - HC-KAR NC: 2025:KHC-D:7647 WP No. 103738 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103738 OF 2025 (S-PRO) BETWEEN: JANAKIRAM S/O. LATE OBANAYAKA, AGE: 59 YEARS, OCC: EXECUTIVE OFFICER, PAVAGADA TALUK PANCHAYAT OFFICE, TUMKURU DISTRICT, R/O. STADIUM ROAD, CHITRADURGA, TQ: DIST: CHITRADURGA-577501. …PETITIONER (BY SRI. D.V. PATTAR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, BENGALURU-01. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 10.03.2025 BY FIXING THE TIME BOND THE COPY OF THE REPRESENTATION VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7647 WP No. 103738 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioner and learned AGA for respondent-State. 2. Petitioner is an employee of the respondent/State coming under the Rural Development and Panchayat Raj Department working as an Executive Officer in Kudligi taluka from the year 2016. Petitioner is before this Court seeking a writ of mandamus directing the respondent authorities to consider his representation dated 10.03.2025 to promote him from the post of Executive Officer to the post of Senior Executive Officer. Therefore, the present petition pertains to the service and promotion of the petitioner to the post of Senior Executive officer for that of Executive Officer of respondent, which is a State Government department. 3. Learned AGA vehemently contends that this petition would not be maintainable before this Court as the petitioner is an employee of the State Government. If he is any - 3 - HC-KAR NC: 2025:KHC-D:7647 WP No. 103738 of 2025 grievance with regard to the promotion or service conditions, he would have to approach the Karnataka Administrative Tribunal and not before this Court under Article 226 of the Constitution of India. Whereas, the learned counsel for the petitioner contends that the petitioner is left with only 2 months of service, hence, he seeks indulgence of this Court. There is no dispute to the fact that the petitioner is an employee of the State and he is seeking for promotion from the post of Executive Officer to the post of Senior Executive Officer. It is also fact that he is due to retire in 2 months, when there is an alternative efficacious remedy available to the petitioner, which has not been exhausted, he cannot approach this Court for a remedy under Article 226 of the Constitution of India, which is a discretionary remedy. 4. Under the circumstances, I am in agreement with the learned AGA as the present petition is not maintainable and same cannot be entertained. Hence, I proceed to pass the following : - 4 - HC-KAR NC: 2025:KHC-D:7647 WP No. 103738 of 2025 ORDER (i) Petition is disposed of. (ii) However, liberty is reserved to the petitioner to approach the appropriate authority/ appellate authority to seek redressal of his grievance. If any such appeal is filed, same shall be considered expeditiously in a time bound manner considering the fact that the petitioner is due to retire in 2 months from today. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 28