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2025 DAILYLAW 65072 (KAR)

SHRI JAYARUDDIN S/O. NABIRASUL MULLA v. THE STATE OF KARNATAKA

WP/103877/2025 · 2025-09-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12343 WP No. 103877 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103877 OF 2025 (S-PRO) BETWEEN: SHRI JAYARUDDIN S/O. NABIRASUL MULLA, AGE: 40 YEARS, OCC. FIRST DIVISION ASSISTANT TOWN MUNICIPAL COUNCIL, MUDHOL, R/O. MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE. …PETITIONER (BY SMT. SANJANA S. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU-560001. 2. THE DIRECTOR OF MUNCIPAL ADMINISTRATION 9TH FLOOR, VISHWESWARAYYA TOWER, DR. AMBEDKAR VEEDI, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, BAGALKOTE, DIST. BAGALKOTE- 587103. 4. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL, DISTRICT ADMINISTRATIVE BUILDING, BAGALKOTE-587103. 5. THE CITY MUNICIPAL COUNCIL, MUDHOL, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12343 WP No. 103877 of 2025 REPRESENTED BY ITS COMMISSIONER AT MUDHOL, DIST. BAGALKOTE-587313. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4; R5-NOTICE SERVED) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO. 1 TO 4 TO ISSUE AN ORDER OF PROMOTION TO THE PETITIONER TO THE POST OF OFFICE MANAGER FROM THE DATE OF ORDER OF THE PROMOTION GIVEN TO THE JUNIORS BY CONSIDERING THE REPRESENTATION DATED 09/10/2023 AND 27/11/2024 VIDE ANNEXURE-J AND J1 AND TO PAY ALL MONETARY AND SERVICE BENEFITS BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 2. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. To issue writ in the nature of Mandamus directing the respondents No. 1 to 4 to issue an order of promotion to the petitioner to the post of Office Manager from the date of order of the promotion given to the juniors by considering the representation dated 09/10/2023 and 27/11/2024 vide ANNEXURE-J and J1 and to - 3 - HC-KAR NC: 2025:KHC-D:12343 WP No. 103877 of 2025 pay all monetary and service benefits by allowing this writ petition in the interest of justice and equity. 2. To issue any other order, directions as deems fit in the circumstances of the case. 2. The grievance of the petitioner is that, the representations submitted by the petitioners dated 09.10.2023 and 27.11.2024 at Annexures J and J1, requesting for promotion of the petitioner to the post of Office Manager in terms of the recommendation made by respondent No.5, has not been considered and no orders have been passed. 3. Whenever any representation is made or a recommendation is made by any other authority, it is required for the State Authority to pass necessary orders on the same within a reasonable period of time. The same not having been done, I pass the following: ORDER i. Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:12343 WP No. 103877 of 2025 ii. Respondent Nos.1 to 4 are directed to consider the representations dated 09.10.2023 and 27.11.2024 at Annexures J and J1, in terms of the recommendation said to have been made by respondent No.5 within a period of six weeks from the date of receipt of the copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 64