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2025 DAILYLAW 64327 (KAR)

P C ANAND S/O P ANJANAYALU v. OFFICE OF BALLARI CITY MUNICIPAL CORPORATION

WP/105451/2023 · 2025-12-01

M Nagaprasanna

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16837 WP No. 105451 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105451 OF 2023 (S-PRO) BETWEEN: P. C. ANAND S/O. P. ANJANAYALU, AGE. 58 YEARS, OCC. WATERMAN, R/O. DOOR NO.59A, WARD NO.16, BEHIND GOVT. SCHOOL, PANDURANG TEMPLE ROAD, SRIRAMPUR COLONY, BALLARI, DIST. BALLARI – 583 101. …PETITIONER (BY SMT. SUNITHA P., ADVOCATE) AND: 1. OFFICE OF BALLARI CITY MUNICIPAL CORPORATION, GADAGI CHINNAPPA ROAD, ROYAL CIRCLE, BALLARI – 583 101. REPRESENTED BY ITS COMMISSIONER 2. OFFICE OF DEPUTY COMMISSIONER/ PROJECT DIRECTOR, BALLARI, REPRESENTED BY DEPUTY COMMISSIONER, DIST. BALLARI – 583 101. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2; SRI. C.V.ANGADI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 1ST RESPONDENT TO INCLUDE THE NAME OF THE PETITIONER IN THE LIST OF PROSPECTIVE PROMOTION DATED 24.06.2020 PRODUCED AT ANNEXURE-G. ISSUE A WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 1ST RESPONDENT AND 2ND RESPONDENT TO GIVE THE PROMOTION TO THE PETITIONER IN ACCORDANCE WITH THE SENIORITY LIST DATED 01.01.2015 ISSUED BY 1ST RESPONDENT PRODUCED AT ANNEXURE-D AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16837 WP No. 105451 of 2023 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. Issue a writ in the nature of Writ of Mandamus directing the 1st respondent to include the name of the petitioner in the list of prospective promotion dated 24.06.2020 produced at Annexure-G. B. Issue a writ in the nature of Writ of Mandamus directing the 1st respondent and 2nd respondent to give the promotion to the petitioner in accordance with the seniority list dated 01.01.2015 issued by 1st respondent produced at Annexure-D. C. Pass such other orders as this Hon’ble Court may deem fit in the facts circumstances of the case, including the award of the costs of the petition, in interest of justice and equity.” 2. Heard Smt.Sunitha P., learned counsel for the petitioner, Smt.Girija S. Hiremath, learned HCGP for respondent No.2 and Sri.C.V.Angadi, learned counsel for respondent No.1. 3. The petitioner is stated to have been appointed as a Poura Karmika on 14.07.1987 and was subsequently regularised. A seniority list has also been prepared. The petitioner claims that he is entitled to be promoted to the post of Jawan/Peon, which is the promotional post from that of Poura Karmika. - 3 - HC-KAR NC: 2025:KHC-D:16837 WP No. 105451 of 2023 4. The petitioner has submitted representations to respondent No.2, but the same have not been considered despite the lapse of five years. Therefore, the representations submitted by the petitioner shall now be considered strictly in accordance with law. 5. Sri C.V. Angadi, learned counsel for respondent No.1, submits that the 1st respondent has already forwarded its proposal recognising the petitioner’s claim for grant of promotion. In view of this submission, respondent No.2 shall now consider the petitioner’s representations in the light of all relevant circumstances and pass necessary orders within an outer limit of four months from the date of receipt of a copy of this order. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 2 Sl No.: 90