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2025 DAILYLAW 71183 (KAR)

M G NAGARAJ v. STATE OF KARNATAKA

WP/26099/2025 · 2025-09-12

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36187 WP No. 26099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26099 OF 2025 (S-RES) BETWEEN: 1. M G NAGARAJ WORKING AS CHIEF OFFICER GRADE 1 AGED ABOUT 47 YEARS S/O CHANDRASHEKHARAPPA MG R/AT BASAVAMANE, 1ST CROSS VEERANA LAYOUT VIROBANAGARA SHIVAMOGA 577204. 2. PRADEEP KUMAR AB WORKING AS CHIEF OFFICER GRADE 1 AGED 46 YEARS S/O LATE A BALAKRISHNA R/AT 050, D BLOCK, DS MAX SAVERA UTTARAHALII BENGALURU 560061. 3. RAVISHANKAR MASSTIHOLIMATH WORKING AS CHIEF OFFICER GRADE 1 AGED ABOUT 49 YEARS S/O PANCHAXARAYYA R/AT VIJAY GANGA NEAR LAKSHMI TEMPLE EXTENSION AREA GOKAK-591307. 4. RAVI SUBHAS RANGASUBHE WORKING AS CHIEF OFFICER GRADE 1 AGED ABOUT 45 YEARS S/O SUBHAS ASHRAY BADAVANE NEAR HESCOM GOKAK 591307 BELAGAVI DISTRICT. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36187 WP No. 26099 of 2025 5. SUDHAKARA B PUJAR WORKING AS CHIEF OFFICER GRADE 1 AGED ABOUT 47 YEARS S/O BEERAPPA HUDCO COLONY BAGALKOT ROAD VIJAYPURA 587103. 6. VIVEK BANNE WORKING AS CHIEF OFFICER GRADE 1 COMMISSIONER CMC DANDELI UTTAR KARNATAKA S/ O YADAVAPPA AGED ABOUT 39 YEARS R/AT AP SHIRGAON CHIKODI BELGAVI 591214 …PETITIONERS (BY SRI. A MAHESH CHOWDHARY., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHAN SOUDHA MS BUILDING BANGALORE – 560001. 2. DEPARTMENT OF URBAN DEVELOPMENT REP. BY ITS SECRETARY AJAY NAGABUSHAN GOVERNMENT OF KARNATAKA VIKAS SOUDHA BANGALORE – 560001. 3. DEPARTMENT OF URBAN DEVELOPMENT REP. BY ITS UNDER SECRETARY T MANJUNATH GOVERNMENT OF KARNATAKA VIKAS SOUDHA BANGALORE 560001. 4. DIRECTORATE OF MUNICIPAL ADMINISTRATION REP. BY ITS DIRECTOR 9TH FLOOR VISHWESHWARAIAH TOWERS - 3 - HC-KAR NC: 2025:KHC:36187 WP No. 26099 of 2025 DR. AMBEDKAR VEEDHI BANGALORE 560001. …RESPONDENTS (BY SRI.VIKAS R, AGA. FOR RESPONDENTS) THIS WRIT PETITION IS FILED PRAYING TO GIVE DIRECTION TO MODIFY THE SENIORITY LIST DATED 22.07.2025 BEARING NO. NAE 76 EMC 2025(E) (BAGA) (ANNEXURE-A) ISSUED BY THE RESPONDENT AUTHORITY SO AS TO INCLUDE THE PETITIONERS IN THE SAID LIST IN ACCORDANCE WITH THEIR SENIORITY AND IN COMPLIANCE WITH THEIR SENIORITY AND IN COMPLIANCE WITH THE DIRECTIONS OF THIS HONORABLE COURT IN ITS JUDGMENT DATED 25.09.2024 IN CC NO. 125/2024 VIDE ANNEXURE-M IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is holding a civil post and therefore, he has to approach the Karnataka State Administrative Tribunal. - 4 - HC-KAR NC: 2025:KHC:36187 WP No. 26099 of 2025 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261. 3. In view of the above, the writ petition is disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits. 4. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 4