- 1 - HC-KAR NC: 2025:KHC:31679-DB WP No. 23138 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 23138 OF 2021 (S-KSAT) BETWEEN: 1. KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, UDYOGA SOUDHA, PARK HOUSE ROAD, BENGALURU - 560001. …PETITIONER (BY SRI REUBEN JACOB, SENIOR COUNSEL FOR SRI PAWAN KUMAR M N, ADVOCATE) AND: 1. LALITHAMMA M W/O RAVINDRA GOUDA, AGED ABOUT 36 YEARS, R/AT NO.309B, AMIT URBAN NISHA APARTMENT, KCHS LAYOUT, GNANABHARATHI (P), NAGADEVANAHALLI, BENGALURU - 560056. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31679-DB WP No. 23138 of 2021 3. THE PRINCIPAL DIRECTOR KARNATAKA STATE AUDIT AND ACCOUNTS DEPARTMENT, TPMC BUILDING, 3RD FLOOR, BMTC, K H ROAD, SHANTHINAGAR, BENGALURU - 560027. 4. SUMALATHA BAGUR, AGED ABOUT 29 YEARS, H.NO.1-11-45/38A, SHIVAPURA COLONY, RAMPUR ROAD, RAICHUR - 584101. 5. ANITHA H.S. AGED ABOUT 34 YEARS, C/O DODDAPPA K P, ANJANEYA TEMPLE ROAD, C.K.HALLI, BELALAGERE, CHANNAGIRI, DAVANAGERE - 577 231. (R-4 & 5 ARE IMPLEADED V/O DATED 25.07.2023) …RESPONDENTS (BY SRI VIJAYA KUMAR, ADVOCATE FOR R-1; SRI SUDEV HEGDE, AGA FOR R-2 & R-3; SRI ONKAR K.B., ADVOCATE FOR R-4; R-5 IS SERVED AND UNREPRESENTED) THE WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE FINAL ORDER DATED 24.08.2021 IN APPLICATION NO.231/2021 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU VIDE ANNEXURE-A AND CONSEQUENTLY TO DISMISS THE SAID APPLICATION NO.231/2021 FILED BY RESPONDENT NO.1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31679-DB WP No. 23138 of 2021 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Mr. Reuben Jacob, learned Senior Counsel for the petitioner, Mr. Vijaya Kumar, learned counsel for respondent No.1 and Mr. Sudev Hegde, learned Additional Government Advocate for respondent Nos.2 and 3. 2. The present petition has been filed by the Karnataka Public Service Commission impugning the decision dated 24.08.2021 passed by the Karnataka State Administrative Tribunal in Application No.231/2021. 3. The Karnataka Public Service Commission (hereinafter referred to as 'the Commission') issued a Recruitment Notification dated 15.03.2017 for the post of Accounts Assistant among others in the office of the Principal Director, Karnataka State Audit and Accounts Department. Out of 149 posts, 83 posts were to be filled up under the Hyderabad-Karnataka (Regional Cadre) and 66 under the residual parent cadre. - 4 - HC-KAR NC: 2025:KHC:31679-DB WP No. 23138 of 2021 Respondent No.1 participated in the selection process for the post of Accounts Assistant as advertised in the notification dated 15.03.2017. 4. According to respondent No.1, though as per the ranking in the select list she was entitled for selection under the Hyderabad-Karnataka Local Cadre, but she was given residual cadre and aggrieved by the same, she had filed the said application before the Karnataka State Administrative Tribunal. 5. The tribunal, after considering the facts and the submissions advanced, quashed the inclusion of respondent No.1 in the final select list in the residual parent cadre under category 3B-W and directed the Commission to consider the case of respondent No.1 for inclusion in the final select list in the Hyderabad-Karnataka Local Cadre in the General Merit- Women/General Merit category with regard to the qualifications prescribed for General Merit category and the merit of respondent No.1. 6. Since the selection was made in the year 2017 and the person selected had put in substantial years of service, we - 5 - HC-KAR NC: 2025:KHC:31679-DB WP No. 23138 of 2021 directed the State Government to see whether any vacancy of Accounts Assistant for which the advertisement was issued by the Commission on 15.03.2017 remained unfilled/became vacant. 7. At this stage, a memo has been filed on behalf of the State Government by Mr. Sudev Hegde, learned Additional Government Advocate, stating therein that one vacancy of Accounts Assistant under 2A/Women category in Hyderabad- Karnataka Local Cadre is vacant in respect of the vacancies which were advertised by the Commission on 15.03.2017. 8. We, therefore, dispose of this writ petition directing the State Government and the Commission to offer appointment against the said vacancy to respondent No.1 and make the adjustment accordingly of the other candidates in Hyderabad- Karnataka Local Cadre in respect of the vacancies and appointments in pursuance to the advertisement dated 15.03.2017 issued by the Commission. Such appointment to respondent No.1 has to be made within a period of four weeks. - 6 - HC-KAR NC: 2025:KHC:31679-DB WP No. 23138 of 2021 9. It is made clear that respondent No.1 shall be eligible for reckoning her seniority in the Hyderabad-Karnataka Local Cadre of Accounts Assistant with retrospective effect, but the financial benefits will be admissible only with prospective effect from the date of her assuming charge in the Hyderabad- Karnataka Local Cadre. The other directions of the Karnataka State Administrative Tribunal are set aside. The writ petition stands allowed in terms of the directions as stated above. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BKV List No.: 1 Sl No.: 51