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2025 DAILYLAW 6862 (KAR)

SRI RAMANNA B NANDI v. THE STATE OF KARNATAKA

WP/105406/2024 · 2025-01-15

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:569 WP No. 105406 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105406 OF 2024 (S-PRO) BETWEEN: SRI RAMANNA B. NANDI, AGE: 55 YEARS, OCC: SERVICE, R/O: C/O DR. C. D. KALASAGOUDAR, H. NO. 16, SIDDARODHA NILAYA, MRUTYUNJAY VIHAR, NEAR J. K. SCHOOL, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 032. …PETITIONER (BY SRI JAGDISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING, M. S. BUILDING, VIDHANA SOUDHA, BENGALURU – 560 001. 2. KARNATAKA HOUSING BOARD, REPRESENTED BY ITS COMMISSIONER, III AND IV FLOOR, CAUVERY BHAVAN, K. G. ROAD, BANGALORE – 560 009. 3. KARNATAKA HOUSING BOARD, REPRESENTED BY ITS SECRETARY, III AND IV FLOOR, CAUVERY BHAVAN, K. G. ROAD, BANGALORE – 560 009. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI T. HANUMANREDDY, ADVOCATE FOR R2 AND R3; SRI H.R.GUNDAPPA, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO CONSIDER THE REPRESENTATION DATED 20-06-2020 MADE BY THE VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:34:02 +0530 - 2 - NC: 2025:KHC-D:569 WP No. 105406 of 2024 PETITIONER TO 2ND RESPONDENT VIDE ANNEXURE - J AND REPRESENTATION DATED 27-10-2018 MADE BY PETITIONER TO 2ND RESPONDENT VIDE ANNEXURE - H AND PASS APPROPRIATE ORDERS BY CONSIDERING THE SENIORITY OF THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following reliefs: A) Issue a writ in nature of mandamus directing the respondent no. 1 to consider the representation dated 20-06-2020 made by the petitioner to 2nd respondent vide Annexure - J and representation dated 27-10-2018 made by petitioner to 2nd respondent vide Annexure - H and pass appropriate orders by considering the seniority of the petitioner in the interest of justice and equity. b) Pass such other and further orders as this Hon’ble Court deems fit to pass in the interest of justice and equity. 2. Heard Sri Jagadish Patil, learned counsel for petitioner, Smt. Kirthilatha R. Patil, learned HCGP for respondent No.1 and Sri H.R. Gundappa. 3. The petitioner is in the cadre of Assistant Executive Engineer with effect from 06.06.2022. It is the claim of the petitioner that in terms of his qualification and - 3 - NC: 2025:KHC-D:569 WP No. 105406 of 2024 extant Rules, he is entitled to promotion from retrospective date. Towards the said claim, the petitioner has submitted two representations, one on 27.10.2018 and other on 20.06.2020 at Annexures-H and J. Those representations having not met their considerations as on date, he is on the doors of this Court seeking direction to consider those representations. 4. Learned counsel for respondents submits that the petitioner is already been granted promotion to the cadre of the Assistant Executive Engineer with effect from 06.06.2022 and the petition would not survive any further. Nonetheless he would submit that if a reasonable time is granted, representations would be considered and appropriate orders would be passed in accordance with law. 5. In the light of the said submissions, without going into the merit of the claim of the petitioner with regard to his entitlement for retrospective promotion, I deem it appropriate to dispose the petition directing the - 4 - NC: 2025:KHC-D:569 WP No. 105406 of 2024 respondents to consider representations submitted by him within an outer limit of three months from the date of receipt of a copy of this order, if not earlier and the decision taken thereon shall be communicated. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 63