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2025 DAILYLAW 54523 (KAR)

SMT. KATHYAYINI R v. THE STATE OF KARNATAKA

WP/25813/2024 · 2025-11-21

B M Shyam Prasad, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48144-DB WP No. 25813 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 25813 OF 2024 (S-KSAT) BETWEEN: SMT. KATHYAYINI R W/O DEVARAJ.S.R, AGED ABOUT 34 YEARS, WORKING AS LAB. ATTENDER, 0/0 THE DIRECTOR, FORENSIC SCIENCE AND LABORATORY, MADIVALA, BENGALURU-560 068. AND RESIDING AT NO.6, SHARAVATHI SANKEERNA, ADUGODI, BENGALURU-560 030. …PETITIONER (BY SRI. VISHWANATH A BHAT., ADVOCATE FOR SRI. M NAGARAJAN.,ADVOCATE) Digitally signed by REKHA R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48144-DB WP No. 25813 of 2024 AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DIRECTOR STATE FORENSIC SCIENCE LABORATORY, MADIVALA, BENGALURU-560 068. 3. SRI.R.N.ANNAPPA AGED ABOUT 48 YEARS, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE COMMANDANT, 7TH BETALIAN, KSRP, HASSAN-573 201. 4. SRI.ALIMUDDIN KHAN WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE DIRECTOR, STATE FORENSIC SCIENCE LABORATORY, MADIVALA, BENGALURU-560 068. 5. SRI. ABBA SAHEB NAYAKAWADI AGED ABOUT 43 YEARS, WORKING AS SECOND DIVISION ASSISTANT, 0/0 THE COMMANDANT, SEPARATE BELALIAN, KSRP, JANBOTI ROAD, VTU CAMPUS, POST MACHE, BELGAUM-590 009. 6. SRI. MAHESH KUMAR.N AGED ABOUT 52 YEARS, WORKING AS SECOND DIVISION ASSISTANT, - 3 - HC-KAR NC: 2025:KHC:48144-DB WP No. 25813 of 2024 OFFICE OF THE DIRECTOR, STATE FORENSIC SCIENCE LABORATORY, MADIVALA, BENGALURU-560 068. …RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA FOR R1 & R2; SRI. S.V. GIRIKUMAR., ADVCOATE FOR R4; R6 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION QUASHING THE IMPUGNED PORTION OF THE ORDER DATED 09.01.2024 AT PARA-13.2 i.e., THE PRAYER OF THE APPLICANT FOR PROMOTION TO THE CADRE OF SDA WITH RETROSPECTIVE EFFECT IS REJECTED AS UNTENABLE UNDER LAW IN A.No-3674/2023 ON THE FILE OF THE HONBLE KSAT BENGALURU BENCH, BENGALURU VIDE ANNEXURE-D; ii) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENT No-2 TO GRANT PROMOTION TO THE PETITIONER RETROSPECTIVELY W.E.F 14.10.2020 TO THE CADRE OF THE SDA ON WHICH DATE THE RESPONDENT No.3 TO 5 WERE PROMOTED TO THE CADRE OF SDA DISREGARDING THE SENIORITY OF THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:48144-DB WP No. 25813 of 2024 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) Sri Vishwananth A. Bhat, the learned counsel for the petitioner, and Sri S.V.Girikumar, the learned counsel for the private respondents, as also Sri Vikas Rojipura, the learned Additional Government Advocate for the authorities, are heard on the memo for disposal which reads as under: "The Respondent No.4 Sri Alimuddin Khan had preferred a Review Application as against the Order in A.No.3674/2023 which is impugned in the present petition. Since, the Review Petition is allowed on 09.01.2025 and it accordingly the Original Application is reopened for hearing. The order copy of the Review Application is produced along with the Memo. Wherefore, the Hon'ble Court pleased to dispose the Writ Petition in facts and circumstances of the case." The learned counsels submit in unison that at the instance of the fourth respondent the Tribunal has - 5 - HC-KAR NC: 2025:KHC:48144-DB WP No. 25813 of 2024 recalled its impugned order dated 09.01.2024 in exercise of its review jurisdiction and restored the application for reconsideration on merits. Sri Vikas Rojipura submits that this Court may indeed dispose of the memo observing that the petitioner will be at liberty to urge all grounds notwithstanding the disposal of this petition. This Court finds merits in this request, and hence, the petition stands disposed of with liberty as sought for. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE SA ct:sr