BASAVARAJ PUTTAPPA DODDAMANI v. THE STATE OF KARNATAKA
WP/103241/2014 · 2025-08-28
S R Krishna Kumar
body2025
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[ 2025 DAILYLAW 61046 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 61046 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10909 WP No. 103241 of 2014
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 103241 OF 2014 (S-RES)
BETWEEN:
BASAVARAJ PUTTAPPA DODDAMANI, AGE: 53 YEARS, OCC: S.D.C., R/O. KUSANUR, TQ: HANGAL, DIST: HAVERI. …PETITIONER (BY SRI. GURURAJ R.TURAMARI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, M.S. BUILDING, BANGALORE. 2. THE COMMISSIONER, PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT, DHARWAD. 3. THE JOINT DIRECTOR PUBLIC INSTRUCTIONS, EDUCATION DEPARTMENT, BELGAUM DIVISION, BELGAUM. 4. DEPUTY DIRECTOR PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT,
Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:22:00 +0530
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HC-KAR NC: 2025:KHC-D:10909 WP No. 103241 of 2014
HAVERI. 5. BLOCK EDUCATION OFFICER HANGAL, TQ: HANGAL, DIST: HAVERI. 6. THE PRESIDENT, GRAMEEN VIDAYAVARDHAK SANGHA KUSANUR, TQ: HANGAL, DIST: HAVERI. 7. THE HEAD MASTER, SHRI PRABHUKUMAR HIGH SCHOOL, KUSANUR, TQ: HANGAL, DIST: HAVERI. 8. VIJENDRA G. RITTI, AGE: 43 YEARS, OCC: S.D.C., R/O. HOSPETE ONI NEAR RANJANI TAKIES HANGAL, TQ: HANGAL, DIST: HAVERI. …RESPONDENTS
(BY SRI. ASHOK KATTIMANI, AGA FOR R1 TO R5 SRI. ANOOP G.DESHPANDE, ADVPCATE FOR R8)
(NOTICE TO R6 AND R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO THE RESPONDENTS TO QUASH THE ORDER ¸ÀASÉå:f12:SÁ²C:eÉN¹:31:2011-12/3644 DATED 03.02.2014 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-J; WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE CASE AND APPOINT PETITIONER AS S.D.C. AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:10909 WP No. 103241 of 2014
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)
In this petition, the petitioner seeks the following reliefs:
“a) Writ of Certiorari to the Respondents to quash the order ¸ÀASÉå:f12:SÁ²C:eÉN¹:31:2011-12/3644 dated 03/02/2014 passed by Respodnent No.2 vide Annexure ‘J’. b) Writ in the nature of Mandamus directing the Respondent authorities to consider the case and appoint petitioner as S.D.C. c) And grant such other relief as this Hon’ble Court may deem fit in the circumstances of the case.”
2. A perusal of the material on record will indicate that initially, the petitioner was appointed as an Attender in the 6th respondent-High School.
It is contended that, after completion of five years, the management resolved to promote the petitioner to the post Second Division Clerk (SDC) which, however, was not approved by the 2nd respondent till 2002 when one more direction was issued to the 2nd respondent as well as a representation on 16.01.2012 and subsequent representation submitted by the petitioner. On 03.02.2014 to the 2nd respondent–Commissioner, Public Instructions, Education Department, Dharwad, passed the impugned order rejecting the
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HC-KAR NC: 2025:KHC-D:10909 WP No. 103241 of 2014
request of the petitioner for promotion from the post of Attender to SDC. Aggrieved by the impugned order, the petitioner approached the Government by way of a revision filed on
20.02.2014. Meanwhile, the petitioner also preferred the present petition before this Court seeking quashing of the aforesaid impugned order dated 03.02.2014. 3. A perusal of the material on record indicates that during the pendency of the present petition, not only the revision petition filed by the petitioner has been dismissed by the State Government/Revisional Authority, but the petitioner has also attained the age of superannuation. It follows therefrom that the petitioner, who joined service as Attender in the year 1987, completed his tenure and attained superannuation as Attender in the year 2021. Under these circumstances, the question of interfering with the impugned order at the instance of the petitioner, who worked throughout only as an Attender and performed the duties/functions of only Attender and who attained the age of superannuation, would not arise especially when the revision petition filed by the petitioner has been dismissed by the State Government/Revisional Authority. - 5 -
HC-KAR NC: 2025:KHC-D:10909 WP No. 103241 of 2014
4. I do not find any merit in the present petition and the same is accordingly disposed off without interfering with the impugned order. Sd/- (S.R. KRISHNA KUMAR) JUDGE
KMS CT:VH List No.: 1 Sl No.: 16