- 1 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND IN WP NO.23028/2024 BETWEEN: 1. THE PRL. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, M S BUILDING, BENGALURU. 2. THE DEPUTY COMMISSIONER TUMAKURU - 572101. …PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA) AND: SRI C NAGESH S/O LATE CHIKKAKEMPAIAH, AGED ABOUT 45 YEARS, PRESENTLY WORKING AS W.P.NO.23028/2024 (S-KSAT) C/W W.P.NO.23077/2024, W.P.NO.23437/2024, W.P.NO.23441/2024 W.P.NO.34094/2024 W.P.NO.34144/2024 W.P.NO.34250/2024 W.P.NO.34291/2024 W.P.NO.34722/2024 W.P.NO.34881/2024 AND W.P.NO.35262/2024 (S-KSAT) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS FIRST DIVISION ASSISTANT, TALUK OFFICE, SIRA TALUK, SIRA -572137. R/AT SRI GANGA NILAYA (AMMA NILAYA) NEW COLONY, THYAMAGONDU VILLAGE AND POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562132. …RESPONDENT (BY SRI. RAGHAVENDRA G GAYATRI, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KSAT IN A.NO.4823/2022 DATED 09.06.2023. IN WP NO. 23077/2024 BETWEEN: 1. THE PRL. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, M S BUILDING, BENGALURU. 2. THE DEPUTY COMMISSIONER TUMAKURU - 572101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA) AND: SRI D S UMA MAHESH S/O SRI SHIVANNA D. R., AGED ABOUT 59 YEARS, PRESENTLY WORKING AS FIRST DIVISION ASSISTANT, TALUK OFFICE, TUMKUR TALUK, TUMAKURU - 572101. R/AT SRI VEERBHADRA SWAMY NILAYA, - 3 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS PRAGATHI BADAVANE, NEAR ANKITA SCHOOL, MARALURU, TUMAKURU – 572101. ...RESPONDENT (BY SRI. R SUBRAMANYA, ADV. FOR SRI NARASIMHARAJU, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A. NO. 5168/2022, DATED 09.06.2023 VIDE ANNEXURE-A AND ETC. IN WP NO. 23437/2024 BETWEEN: 1. THE PRL. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, M S BUILDING, BENGALURU. 2. THE REGIONAL COMMISSIONER REVENUE, K.H. ROAD, 2ND FLOOR, BMTC BUS TERMINAL, SHANTHI NAGAR, BENGALURU DIVISION, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER TUMAKURU-572101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA) AND: SRI K H LAKSHMISHA S/O LATE HANUMANTHARAYAPPA, - 4 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS AGED ABOUT 56 YEARS, PRESENTLY WORKING AS FIRST DIVISION ASSISTANT, TALUK OFFICE, MADHUGIRI TALUK, MADHUGIRI - 572132, R/AT LAKSHMI NIVASA, 16TH CROSS, SIT MAIN ROAD, GANDOTHRI NAGAR, S S PURAM POST, TUMAKURU - 572101. ...RESPONDENT (BY SRI. R SUBRAMANYA, ADV. FOR SRI NARASIMHARAJU, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A.NO.5636/2022, DATED 09.06.2023 ANNEXURE-A AND ETC. IN WP NO. 23441/2024 BETWEEN: 1. THE PRL. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, M S BUILDING, BENGALURU. 2. THE DEPUTY COMMISSIONER TUMAKURU - 572101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA) AND: SRI G KEMPARAJU S/O LATE K N GANGADHAR, AGED ABOUT 53 YEARS, - 5 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS PRESENTLY WORKING AS REVENUE INSPECTOR, AT THE OFFICE OF THE SPECIAL LAND ACQUISITION OFFICE, HEMAVATHI CANEL ZONE, TUMAKURU - 572101. R/AT FDA QUARTERS, HEMAVATHI CANEL ZONE, OFFICE CAMPUS, KUNIGAL ROAD, TUMAKURU - 572102. ...RESPONDENT (BY SRI. RAGHAVENDRA G GAYATRI, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A.NO.5167/2022 DATED 09/06/2023 VIDE ANNEXURE-A AND ETC. IN WP NO.34094/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING BENGALURU- 560001. 2. THE DEPUTY COMMISSIONER TUMAKURU- 572 101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA) - 6 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS AND: SRI NATARAJ S/O NINGAPPA AGED ABOUT 61 YEARS WORKING AS REVENUE INSPECTOR CHELUR HOBLY, GUBBI TALUK TUMAKURU DISTRICT- 572 137. ...RESPONDENT (BY SRI. N.F. AMARAD, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KSAT IN A.NO.751/2020 DATED 01.12.2021 (ANNEXURE-A). IN WP NO. 34144/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING BENGALURU- 560001. 2. THE DEPUTY COMMISSIONER TUMAKURU -572 101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA) AND: SRI O SRINIVAS S/O OBALAIAH AGED ABOUT 55 YEARS WORKING AS DEPUTY TAHASILDAR HULIKUNTE NADA KACHERI - 7 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS SIRA TALUK TUMAKURU DISTRICT- 572 102. ...RESPONDENT (BY SRI. N.F. AMARAD, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.686/2020, DATED 01.12.2021 AND ETC. IN WP NO. 34250/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING BENGALURU- 560001. 2. THE DEPUTY COMMISSIONER TUMAKURU -572 101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA) AND: SMT. M VANAJAKSHI W/O SRI M KUMARSWAMY WORKING AS FDA IN THE OFFICE OF THE ASSISTANT COMMISSIONER TIPTUR SUB- DIVISION TIPTUR, TUMAKURU DISTRICT-572201 R/AT JOGIHALLI 2ND WARD H. NO.167, CHIKKANAYAKANHALLI TUMAKURU DISTRICT- 572214. ...RESPONDENT (BY SRI. N. F. AMARAD, ADV.) - 8 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A.NO.4822/2022, DATED 09/06/2023 AND ETC. IN WP NO. 34291/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRL., SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING, BENGALURU. 2. THE DEPUTY COMMISSIONER TUMAKURU-572101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA) AND: SRI T M NAGENDRAKUMAR S/O LATE V MUNIYAPPA AGED ABOUT 52 YEARS WORKING AS FDA IN REVENUE DEPARTMENT NOW ON DEPUTATION TO THE O/O THE SPL. LAND ACQUISITION OFFICER ZONAL OFFICE, B H ROAD TUMAKURU-572 103 R/AT ASHOK NAGAR 10TH CROSS. OPP. RTO OFFICE NAGAMUNESHWAR TEMPLE TUMAKURU- 572 102. ...RESPONDENT (BY SRI. N.F. AMARAD, ADV.) - 9 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.4365/2022, DATED 31.03.2023 VIDE ANNEXURE-A AND ETC. IN WP NO. 34722/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING BENGALURU -560001. 2. THE DEPUTY COMMISSIONER TUMAKURU- 572 101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA) AND: SRI R G NAGABHUSHAN S/O LATE GANGAHANUMANIAH AGED ABOUT 49 YEARS WORKING AS REVENUE INSPECTOR KASABA HOBLY, GUBBI TALUK TUMAKUR DISTRICT- 572 216. ...RESPONDENT (BY SRI. N.F. AMARAD, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER - 10 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN A.NO.752/2020, DATED 01/12/2021 VIDE ANNEXURE-A AND ETC. IN WP NO.34881/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING BENGALURU -560001. 2. THE DEPUTY COMMISSIONER TUMAKURU- 572101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA) AND: SRI REDDY SHIVANANDA SIDDA S/O SIDDAREDDY AGED ABOUT 51 YEARS WORKING AS REVENUE INSPECTOR TUMKURU SOUTH, TUMKURU TALUK TUMKURU DISTRICT-572101. ...RESPONDENT (BY SRI. N.F. AMARAD, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KSAT IN A.NO.753/2020 DATED 14.09.2021 (VIDE ANNEXURE-A) AND ETC. - 11 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS IN WP NO. 35262/2024 BETWEEN: 1. THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDNG BENGALURU -560001. 2. THE DEPUTY COMMISSIONER TUMAKURU -572101. ...PETITIONERS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA) AND: SRI B M MANJUNATH S/O LATE MAHALINGAPPA AGED ABOUT 57 YEARS WORKING AS REVENUE INSPECTOR KASABA HOBLI, SIRA TALUK TUMKURU DISTRICT- 572137. ...RESPONDENT (BY SRI. N.F. AMARAD, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE KSAT IN A.NO.688/2020 DATED 01.12.2021 (ANNEXURE-A) AND ETC. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 12 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners/State Authorities in Revenue Department are before this Court under Article 226 of the Constitution of India, questioning various orders passed by the Karnataka State Administrative Tribunal at Bengaluru (for short “Tribunal”) whereunder the petitioner-State is directed to consider the cases of the respondents, that is to accord retrospective promotion to respondents in terms of recommendation of the second petitioner and to extend benefits as granted to others. 2. The respondents-Second Division Assistants (“SDAs” for short)/Village Accountants (“VAs” for short) approached the Tribunal, praying for a writ of mandamus directing the petitioner-Authorities to consider their cases in the light of the recommendation of the second petitioner/Deputy Commissioner for retrospective promotion to the cadre of First Division Assistants (“FDAs” - 13 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS for short)/First Division Revenue Inspectors (“FDRIs” for short) from the date on which they were placed under Rule 32 of KCSRs retrospectively and to pay all the consequential benefits. The respondents, SDAs/VAs were placed under Rule 32 of KCSRs in independent charge of the posts of FDAs/FDRIs in terms of the DPC proceedings conducted on 22.09.2013 and on 07.05.2015, which proceedings are placed on record by the petitioner-State Authorities under amemo dated 12.08.2025. The posts of FDAs/FDRIs are to be filled up in accordance with the Cadre and Recruitment Rules i.e., 30% by direct recruitment and 70% by promotion from the cadre of SDAs as well as VAs in the ratio of 30% and 40% respectively. 3. The respondents approached the Tribunal under different applications seeking a writ of mandamus to consider their cases for retrospective promotion from the date they were placed in independent charge under Rule 32 of KCSRs. In fact, the respondents were regularly - 14 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS promoted to the respective FDAs/FDRIs under O.M. dated 23.05.2018. The respondents approached the Tribunal subsequent to their regular promotion seeking retrospective promotion from the date they were placed in independent charge. The Tribunal, after hearing the applications, by order dated 30.03.2023 in some of the applications passed a split decision whereunder Judicial Member as well as Administrative Member took divergent views, in that, the Judicial Member issued positive direction to accord retrospective promotion whereas the Administrative Member directed consideration of the cases of the respondents for retrospective promotion. The said decision was referred to a 3rd Member of the Tribunal, who concurred with the Judicial Member, directing to accord retrospective promotion to respondents. Aggrieved by the said positive direction issued by the Tribunal, the State Authorities in Revenue Department are before this Court in this batch of writ petitions. - 15 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS 4. Heard Sri.Reuben Jacob, learned Additional Advocate General along with learned Additional Government Advocates Sri.B.Ravindranath and Sri.V.Shivareddy for petitioners as well as learned counsel Sri.R.Subramanya for Narasimharaju for respondents; learned counsel Sri.Raghavendra G Gayathri and learned counsel Sri.N.F.Amarad for respondents. Perused the entire writ petition papers. 5. Learned AAG Sri.Reuben Jacob would contend that the Tribunal committed a grave error in issuing a positive direction. It is submitted that the respondents have no right to seek promotion, but they possess a right only to seek for consideration of their cases for promotion. In that light of the matter, he submits that the Tribunal ought to have directed the State Authorities to consider the cases of the respondents for retrospective promotion from the date on which they were placed in independent charge of the posts under Rule 32 of KCSRs. Further learned AAG referring to the DPC proceedings made available along - 16 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS with memo dated 12.08.2025 submits that, as on the date of DPC dated 22.09.2013, 79 vacancies of FDA/FDRIs were available and according to the ratio, only 30 posts were available for promotion and 49 posts for direct recruitment. Out of 30 promotional posts, 13 vacancies were available for promotion from the cadre of SDAs and 17 vacancies from the cadre of VAs. Regular promotion was accorded to the available vacancies. The petitioners were placed in independent charge under Rule 32 of KCSRs, against direct recruitment vacancies, as no promotional vacancies were available as on that day. Further, learned AAG referring to DPC proceedings dated 07.05.2015 would submit that as on the said date, a total of 65 vacancies were available, out of which, 47 were meant for direct recruitment and 18 for promotion. He submits that, again a decision was taken to utilize 47 vacancies for keeping the respondents under Rule 32 of KCSRs as no promotional vacancy was available for - 17 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS respondents. Thus, learned AAG would pray for setting aside the order passed by the Tribunal. 6. Per contra, learned counsels appearing for the respondents would submit that, admittedly, the respondents were placed in independent charge under Rule 32 of KCSRs to the posts of FDAs/FDRIs under an order dated 07.05.2015 and regular promotion to the said posts was granted under O.M. dated 23.05.2018. Learned counsels would submit that there is no material to support the vacancies as stated in DPC proceeding produced by the petitioner-State Authorities. It is submitted that as the vacancies were available as on that date, the cases of the respondents were considered for placing in independent charge of the posts under Rule 32 of KCSRs. It is submitted that the vacancy lists were not placed on record to show that only 79 vacancies or 65 vacancies were available as on 2013 and 2015 DPC proceedings. Learned counsel would submit that as on that day, the respondents were placed in independent charge of higher - 18 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS posts under Rule 32 of KCSRs, as they were qualified and eligible for promotion. Therefore, they would submit that in terms of Rule 2(2) of Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Rules, 1978 (for short “PPP” Rules) respondents would be entitled for retrospective promotion. Learned counsels would further submit that the petitioners have not made available all these materials before the Tribunal or while filing the writ petitions and they would submit that along with the memo, the DPC proceedings are placed on record. It is also submitted that after implementing some of the orders passed by the Tribunal, the present writ petitions are filed. Thus, they pray for dismissal of the writ petitions. 7. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point which falls for our consideration is as to whether the Tribunal could have issued a positive direction to accord retrospective promotion to the respondents? - 19 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS 8. Answer to the above point would be in the negative for the following reasons: It is a settled position of law that every government servant has a right to be considered for promotion and it is a statutory right. However, no government servant has a right for promotion itself. The promotion shall be in accordance with the existing Cadre and Recruitment Rules and in terms of the quota available for the employees, if a particular cadre is to be filled up by different sources. In the instant case, as noticed, the next promotional post for respondents i.e., SDAs/VAs is FDAs/FDRIs. The higher cadre of FDAs/FDRIs is to be filled up in the ratio of 30:70 i.e., 30% by direct recruitment and 70% by promotion. Out of 70% promotion, 30% is by SDAs and 40% by VAs. It is not in dispute that the respondents were placed in independent charge of the posts of FDAs/FDRIs by O.M. dated 22.09.2013 and O.M. dated 07.05.2015 in terms of the DPC held on 22.09.2013 and on 07.05.2015. When the posts of FDAs/FDRIs are to be filled up by promotion - 20 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS from different cadres, the promotion shall be to the available vacancies to each source or cadre. In the instant cases, promotional quota is 70% and out of 70%, SDAs are entitled for 30% whereas VAs are entitled for 40%. In terms of DPC of 2013, 30 vacancies were available for promotion and in DPC of 2015, 18 vacancies were available for promotion. 9. In terms of Rule 3 of PPP Rules, a government servant who is placed in independent charge of a higher post would be entitled for retrospective promotion in the circumstances stated therein, but subject to the availability of vacancies. The Tribunal, while issuing a positive direction to accord retrospective promotion ought to have sought information with regard to available vacancies for promotion as on the date of DPC. In the absence of all the materials before the Tribunal, the Tribunal ought to have restricted its direction to consider the cases of the respondents for retrospective promotion. The Tribunal committed a grave error in issuing a positive - 21 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS direction to accord retrospective promotion in the absence of materials before it. Therefore, taking note of overall view and the materials available on record, we are of the considered view that the orders passed by the Tribunal cannot be sustained in law and requires modification. 10. Accordingly, we pass the following: ORDER (i) The writ petitions are disposed of. (ii) The orders dated 09.06.2023 in Application Nos.4823/2022, 5168/2022, 5636/2022, 5167/2022 and 4822/2022; order dated 01.12.2021 in Applications No.751/2020, 686/2020, 752/2020 and 688/2020; order dated 31.03.2023 in Application No.4365/2022 and order dated 14.09.2021 in Application No.753/2020 passed by the Tribunal are modified and consequently, the petitioners are directed to consider the cases of the respondents for retrospective promotion from the date they were placed in independent charge under Rule 32 of - 22 - HC-KAR NC: 2025:KHC:37412-DB WP No. 23028 of 2024 C/W WP No. 23077 of 2024 WP No. 23437 of 2024 AND 8 OTHERS KCSRs and pass appropriate orders, in accordance with law. Time for compliance - three months from the date of receipt of a copy of this order. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 8