- 1 - HC-KAR NC: 2025:KHC-D:13687-DB WP No. 103230 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 103230 OF 2024 (S-KAT) BETWEEN: SHIVAJI VAMAN KURLEKAR AGE. 73 YEARS, OCC. RETIRED ASSISTANT COMMANDANT (KSRP) R/AT IIND BN, K.S.R.P. RAYAPUR DETACHMENT, NAVANAGAR, HUBBALLI-580025, DISTRICT. DHARWAD. …PETITIONER (BY SRI. VINAYAK BHAT & SMT. SUNITHA P. KALASOOR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY ITS HON’BLE CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF HOME (POLICE SERVICES), VIDHANA SOUDHA, BENGALURU-560001. 3. THE HON’BLE PRINCIPAL SECRETARY AND FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. 4. THE HON’BLE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, GOVERNMENT OF KARNATAKA, NO.2, NRUPATUNGA ROAD, BENGALURU-560002. VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13687-DB WP No. 103230 of 2024 5. THE HON’BLE ADDITIONAL DIRECTOR GENERAL OF POLICE, KARNATAKA STATE RESERVE POLICE, POLICE HOUSING AND WELFARE, NO.2, NRUPATUNGA ROAD, BENGALURU-560002. 6. THE HON’BLE INSPECTOR GENERAL OF POLICE, KARNATAKA STATE RESERVE POLICE, POLICE HOUSING AND WELFARE, NO.2, NRUPATUNGA ROAD, BENGALURU-560002. 7. THE HON’BLE DEPUTY INSPECTOR GENERAL OF POLICE, KARNATAKA STATE RESERVE POLICE, POLICE HOUSING AND WELFARE NO.2, NRUPATUNGA ROAD, BENGALURU-560002. 8. THE HON’BLE COMMANDANT, IIND BN. K.S.R.P. MACCHE, BELAGAVI-590014. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADVOCATE FOR R1 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO IMPUGNED PASSED BY THE LEARNED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI ON 21.02.2024 IN APPLICATION NO.10782/2023 VIDE ‘ANNEXURE A’ IN WRIT PETITION & ETC. THIS WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:13687-DB WP No. 103230 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition by a retired Assistant Commandant (KSRP) is directed against the rejection of his Application bearing No.10782/2023 under order dated 21.02.2024, whereunder he had prayed for direction to the respondents to consider his case for retrospective promotion as Assistant Sub-Inspector1 and for other reliefs. 2. Heard the leaned counsel Sri. Vinayak Bhat for Smt. Sunitha P Kalasoor, learned counsel for the petitioner and learned AGA Sri. G.K. Hiregoudar for the respondents. Perused the entire writ petition papers. 3. The petitioner retired from service on attaining the age of superannuation as Assistant Commandant (KSRP) in the year 2011. It is the grievance of the petitioner that he was promoted as Reserve Sub-Inspector in the year 1983, whereas he was entitled to the promotion as Reserve Sub- Inspector in the year 1981 itself, based on the seniority list 1 For short ‘ASI’ - 4 - HC-KAR NC: 2025:KHC-D:13687-DB WP No. 103230 of 2024 published in 1981. After retirement, the petitioner made representation to the respondents/authorities seeking retrospective promotion to the post of ASI as well as SI and to the post of Assistant Commandant. 4. Learned AGA, on the other hand, would support the impugned order passed by the Tribunal and submits that the petitioner passed the Departmental Examination in General Law Part-I & Part-II in December 1990, till then the petitioner was not eligible for promotion to the post of Special RSI and Special RPI. Therefore, it is submitted that the petitioner would not be entitled for retrospective promotion. Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsel for the parties and on perusal of the writ petition papers, we do not find any error or illegality in the impugned order passed by the Tribunal. 6. Admittedly, till retirement of the petitioner in the year 2011, the petitioner has not raised any dispute or claimed retrospective promotion. No material is placed on - 5 - HC-KAR NC: 2025:KHC-D:13687-DB WP No. 103230 of 2024 record to indicate as to why the petitioner has not claimed retrospective promotion while in service or immediately on passing the departmental examination. Further it is to be noted that the petitioner was promoted as Sub-Inspector on 15.04.1983 and admittedly, the petitioner passed prescribed Departmental Examination in December, 1990. The petitioner was granted promotion from the post of Special RSI to Special RPI subsequent to passing the departmental examination. The Tribunal has also noted that promotional quota was not available for retrospective promotion of the petitioner to the cadre of Special RSI and Special RPI. 7. Moreover, the petitioner is not diligent in pursuing his remedy. The petitioner approached the Tribunal in the year 2023 in respect of cause of action of the year 1990 and till his retirement i.e. 2011. There is inordinate delay in approaching the Tribunal. The settled position of seniority cannot be unsettled at this length of time. Further, the petitioner has also not made parties, who would be affected by any order that would be passed in favour of the petitioner. - 6 - HC-KAR NC: 2025:KHC-D:13687-DB WP No. 103230 of 2024 8. In the above circumstances, we are of the considered view that the petitioner is not entitled for any relief, as he has not approached the Court in time. Thus, we find no merit in the petition. Accordingly, writ petition stands rejected. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 44