- 1 - NC: 2025:KHC-D:625-DB WP No. 106149 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO.106149 OF 2024 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT. OF SCHOOL EDUCATION AND LITERACY M.S. BUILDING, BENGALURU-560001. 2. THE DIRECTOR, SECONDARY EDUCATION, O/O THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU-560001. 3. THE JOINT DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION, KALABURAGI DIVISION, KALABURAGI-585101. 4. THE SECRETARY, KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD AND EX. OFFICIO OF JOINT DIRECTOR, DEPT. OF PUBLIC EDUCATION, BELAGAVI-590001. 5. THE DPUTY DIRECTOR (ADM), DEPARTMENT OF SCHOOL EDUCATION, GADAG DISTRICT-582101. - PETITIONERS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) AND: SRI. VEERABHARDRAPPA S. ANNIGERI S/O LATE SIDDAPPA, AGE. 58 YEARS, NOW WORKING ASSISTANT MASTER, AT GOVT. HIGH SCHOOL, HIREKOPPA, TQ. NARAGUND, DIST. GADAG, R/O HOUSE NO.MIG-36, K.H.B. COLONY, NARAGUND TALUK, GADAG, DISTRICT-582207. - RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:625-DB WP No. 106149 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 14.03.2024 IN A.NO.10968-10969/2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI, VIDE ANNEXURE-C AND DISMISS THE APPLICATION NO.10968-10969/2023 IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THIS WRIT PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The State has called in question the order dated 14.03.2024 in Application No. 109684/2023 by the Karnataka State Administrative Tribunal, Belagavi [for short, ‘the Tribunal’]. The respondent has filed this application with the Tribunal calling in question the Endorsement dated 06.05.2023. The fifth respondent has issued this Endorsement dated 26.05.2023 stating that under Rule 6 of the Primary Teachers Seniority Rules, 1957 [sic] his seniority will have to be considered with effect from the date he reported to duty with the Belagavi division. - 3 - NC: 2025:KHC-D:625-DB WP No. 106149 of 2024 2. The Tribunal considering the respondent’s grievance with this Endorsement in the light of the undisputed fact that the respondent was not issued with the appointment order in the year 1994 because of the certain errors by the petitioner and therefore it had, in an earlier application, directed the petitioner to consider the respondent’s request for grant of seniority with reference to his place in the final list but without monetary benefits, has quashed this Endorsement directing the petitioners thus: “The respondents shall consider the seniority of applicant with effect from 10.06.1994 for rectifying the seniority list in accordance with law. After taking into consideration this factor and applicable rules and regulations of seniority in the new cadre can be fixed up within four months from the date of receipt of a copy of this order.” 3. Sri G.K. Hiregoudar, the learned Principal Government Advocate, submits that the writ petition is filed calling in question this direction because the petitioner cannot be granted seniority in the Gulbarga Division because after he is issued with the appointment order he is - 4 - NC: 2025:KHC-D:625-DB WP No. 106149 of 2024 transferred, on his request, from Kalaburagi Division to Belagavi Division and in terms of Rule 6 of the Karnataka Government Servants’ [Seniority] Rules, 1957 [1957 Rules] the seniority will have to be reckoned in the Belagavi division. 4. Sri Shivakumar S. Badawadagi, the learned counsel for the respondent, is also heard. This Court must observe that the Tribunal’s direction is with the observation that the respondent’s seniority must be fixed subject to applicable rules and regulations, and this perhaps is because of Rule 6 of the 1957 Rules which stipulate that a Government Servant/ an Officer who is transferred on request, or on absorption on request, must be placed below the officers who are borne on that class or grade before the date of such transfer/ absorption. The petitioners, in view of the Tribunal’s observation as aforesaid, will have to consider under the 1957 Rules and inform the respondent about the rectification in the seniority list. As such there is no reason for interference with the Tribunal’s order. The writ petition stands disposed of accordingly. - 5 - NC: 2025:KHC-D:625-DB WP No. 106149 of 2024 Consequentially, the pending applications also stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 27