- 1 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 13513 OF 2025 (S-KSAT) BETWEEN: DR. ARUNKUMAR HAPPALI S/O. LATE SRI. BASAVANNEPPA, AGED ABOUT 66 YEARS, R/O. NO.07, 1ST CROSS MARKHAM ROAD, GROUND FLOOR, NEAR OLIVE SUPER MARKET, ASHOK NAGAR, BENGALURU-560025. PRESENTLY RESIDING AT: PLOT NO.2117, SECTOR NO.09, VANTAMURI LAST STOP, M.M.EXTENSION, BELAGAVI 590 016. …PETITIONER (BY SRI. VIKRAM H BHAT, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, KARNATAKA CIRCLE, NRUPATUNGA ROAD, NEAR RESERVE BANK, BENGALURU-560001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 3. THE DIRECTOR GENERAL OF POLICE, STATE INTELLIGENCE, NRUPATUNGA ROAD, NEAR RESERVE BANK, BENGALURU-560001. …RESPONDENTS (BY SRI. B RAVINDRANATH, AGA) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE ORDER DATED 18.04.2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NO. 608/2023 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY 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 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Vikram H. Bhat for petitioner and learned Additional Government Advocate Sri.B.Ravindranath who accepts notice for the respondents. Perused the entire writ petition papers. 2. The petitioner is before this Court under Article 226 of the Constitution of India with a prayer to quash order dated 18.04.2023 in Application No.608/2023 - 3 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 passed by the Karnataka State Administrative Tribunal at Bengaluru (Annexure-A) wherein the petitioner’s prayer to quash the endorsements dated 10.01.2022 and 24.01.2022 (Annexures-A19 and A20) and prayer to open sealed cover procedure followed in his case is rejected. 3. Learned counsel for the petitioner would submit that the DPC for promotion to the post of Deputy Superintendent of Police (for short, ‘Dy.S.P’) was conducted on 18.11.2016 and accordingly juniors of the petitioner were placed in independent charge of the post of Dy.S.P under Rule 32 of the KCSRs by order dated 18.05.2018. In the said order, against the petitioner’s name, it is shown that the sealed cover procedure is followed since a departmental enquiry was pending as on the date of DPC. Subsequently, the petitioner is exonerated of the charges leveled against him by order dated 09.02.2021 (Annexure-A16). Learned counsel would submit that in the meanwhile, the petitioner retired from service on attaining the age of superannuation in the year - 4 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 2018. Thereafter, the petitioner is said to have requested the respondents to open sealed cover procedure followed in his case and to promote him to the cadre of Dy.S.P. Under endorsement dated 10.01.2022 (Annexure-A19), the request of the petitioner is rejected observing that the juniors of the petitioner are substantively promoted to the cadre of Dy.S.P only on 12.02.2020, by the said time the petitioner had retired from service. 4. Learned counsel for the petitioner would submit that the petitioner would be entitled for opening sealed cover procedure followed in his case for placing him in the post of Dy.S.P from the date of his juniors are promoted to the said post or placing his juniors under Rule 32 of KCSRs to the said post. Learned counsel would submit that if the decision in the sealed cover is given effect to, the petitioner would get revised pension and revised pensionary benefits. Thus, learned counsel would pray for allowing the writ petition. - 5 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 5. Per contra, learned Additional Government Advocate Sri.B.Ravindranath would submit that the petitioner would not be entitled for promotion to the cadre of Dy.S.P since no junior of the petitioner were promoted before his retirement in the year 2018. Learned Additional Government Advocate would submit that substantive promotion to the juniors of the petitioner are accorded only in the year 2020 and as such the petitioner would not be entitled for promotion since he had retired from service by that time. Thus, learned Additional Government Advocate prays for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned order passed by the Tribunal for the following reasons: Admittedly, the case of the petitioner for placing him under Rule 32 of KCSRs to the post of Dy.S.P was considered in DPC conducted on 18.11.2016 and his juniors were placed in independent charge for the post of - 6 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 Dy.S.P under Rule 32 of KCSRS by order dated 18.05.2018. The said order indicates that in respect of the petitioner, sealed cover procedure was followed, as a departmental enquiry was pending as on that date. The petitioner was exonerated of the charges in the said departmental enquiry under order dated 09.02.2021, subsequent to his retirement. In the meanwhile, the juniors of the petitioners were promoted substantively to the post of Dy.S.P on 12.02.2020. By the said date, the petitioner had retired from service on attaining the age of superannuation. 7. Till the date of retirement of the petitioner, no juniors of the petitioner were promoted to the post of Dy.S.P substantively. His juniors were placed in independent charge under Rule 32 of KCSRS to the post of Dy.S.P. Rule 32 of KCSRs provides placing Government servants under independent charge to a higher post and is not a substantive promotion. If any of juniors of the petitioner is substantively promoted during his service, the - 7 - HC-KAR NC: 2025:KHC:33580-DB WP No. 13513 of 2025 petitioner would get right to seek for consideration of his case for promotion. It is not the case of the petitioner that his juniors were substantively promoted to the post of Dy.S.P before his retirement. The Tribunal taking note of the fact that no juniors of the petitioner were promoted substantively to the cadre of Dy.S.P before retirement of the petitioner, rightly rejected the prayer of the petitioner. 8. There is no ground to interfere with the impugned order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 16