- 1 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 199 OF 2024 (S-RES) C/W WRIT APPEAL NO. 1166 OF 2024 (S-RES) IN WA No. 199/2024 BETWEEN: KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H SIDDAIAH ROAD, BENGALURU - 560 027 REPRESENTED BY ITS MEMBER SECRETARY. …APPELLANT (BY SRI. RAGHAVENDRA G GAYATRI.,ADVOCATE) AND: 1. SMT. ROOPA K.V., AGED ABOUT 40 YEARS OCC: STENOGRAPHER WORKING AT PERMANENT LOK ADALT ADR CENTER, MALALAWADI, JAYANAGAR, 5TH CROSS, MYSORE - 570 014. 2. SRI. DEEPAK JERE S/O KRISHNA JERE AGED ABOUT 40 YEARS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 OCC: STENOGRAPHER WORKING AT PERMANENT LOK ADALAT BELAGAVI, A.D.R CENTER BELAGAVI - 590 016. 3. SMT MANJULA BADIGANNAVAR AGED ABOUT 42 YEARS OCC: STENOGRAPHER WORKING AT PERMANENT LOK ADALAT BELAGAVI, A.C.R CENTER, BELAGAVI - 590 016. 4. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO LAW JUSTICE AND HUMAN RIGHTS DEPARMENT, M S BUILDING BANGALORE - 560 001. 5. SMT R JAYANTHI ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H. SIDDIAH ROAD BENGALURU - 560 027. 6. SMT SHANTHA MENDON ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H SIDDAH ROAD BENGALURU - 560 027. 7. SMT ROOPA PUKALE ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H. SIDDAH ROAD BENGALURU - 560 027. - 3 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 8. SRI. K. BASAVARAJU ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H SIDDAH ROAD BENGALURU - 560 027. 9. SRI. H. RANGAPPA ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H SIDDAH ROAD BENGALURU - 560 027. 10. SMT. H. LAKSHMI STENOGRAPAHER ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY NYAYADEGULA, FIRST FLOOR H SIDDAH ROAD BENGALURU - 560 027. 11. SRI. SURESH PAWAR FIRST DIVISION ASSISTANT PERMANANT LOK ADALTH MANGALURU DAKSHINA KANNADA DISTRICT - 575 001. 12. SMT SHIVALEELA BIRADAR FIRST DIVISION ASSISTANT PEMANANT LOK ADALATH KALABURAGI - 585 101. …RESPONDENTS (BY SRI. VIGNESHWARA S. SHASTRI SENIOR ADVOCATE ALONG WITH SRI. N. SHESHADRI ADVOCATE FOR SRI. GURURAJ.,ADVOCATE FOR R1 TO R3 AND R5 TO R12 SRI. MOHAMED JAFFAR SHAH., AGA FOR R4; SRI. SHRIDHAR PRABHU., ADVOCATE FOR R5 TO R12). - 4 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20/12/2023 PASSED IN WP NO.8827/2018, ON THE FILE OF THIS HONBLE Court AND TO DISMISS WP NO.8827/2018, ON THE FILE OF THIS HONBLE COURT IN ITS ENTIRETY. IN WA NO. 1166/2024 BETWEEN: 1. SMT ROOPA K V AGED ABOUT 41 YEARS, OCC. STENOGRAPHER, WORKING AT KARNTAKA STATE LEGAL SERVICES AUTHORITY, NYAYA DEGULA FIRST FLOOR, H SIDDIAH ROAD, BANGALORE-560 027. 2. SRI. DEEPAK JERE, S/O KRISHNA JERE, AGED ABOUT 41 YEARS, OCC: STENOGRAPHER, WORKING AT PERMANENT LOK ADALAT AT BELAGAVI, ADA CENTER, BELAGAVI - 590 016. 3. SMT. MANJULA BADIGANNAVAR, AGED ABOUT 43 YEARS, OCC: STENOGRAPHER, WORKING AT PERMANENT LOK ADALAT AT BELAGAVI, ADA CENTER, BELAGAVI- 590 016. ...APPELLANTS (BY SRI. VIGNESHWARA S. SHASTRI, SENIOR ADVOCATE ALONG WITH SRI. N. SHESHADRI ADVOCATE FOR SRI. SAGAR V SHASTRI.,ADVOCATES) - 5 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027 REPRESENTED BY ITS MEMBER SECRETARY. 3. SMT. R.JAYANTHI, AGE. MAJOR, ASSISTANT KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027. 4. SMT. SHANTHA MENDON, AGE. MAJOR, ASSISTANT, KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027. 5. SMT. ROOPA PUKALE, AGE: MAJOR, ASSISTANT. KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027. 6. SRI. K. BASAVARAJU, AGE: MAJOR, ASSISTANT, - 6 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027. 7. SRI. H. RANGAPPA, AGE: MAJOR, ASSISTANT, KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027. 8. SMT. H. LAKSHMI, AGE: MAJOR, STENOGRAPHER, KARNATAKA STATE LEGAL SERVICES AUTHORITY, NYAYADEGULA, FIRST FLOOR, H. SIDDAIAH ROAD, BENGALURU - 560 027. 9. SURESH PAWAR, AGE: MAJOR, FIRST DIVISION ASSISTANT, PERMANENT LOK ADALATH, MANGALURU, DAKSHINA KANNADA DISTRICT-575 001. 10. SMT. SHIVALEELA BIRADAR, AGE: MAJOR, FIRST DIVISION ASSISTANT, PERMANENT LOK ADALATH, KALABURAGI - 585 101. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., ADVOCATE FOR R1 SRI. RAGHAVENDRA G. GAYATRI, ADVOCATE FOR R2; SRI. SHRIDHAR PRABHU., ADVOCATE FOR R3 TO R10). THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20/12/2023 PASSED IN WP NO.8827/2018 BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN SO FAR AS NOT QUASHING THE NOTIFICATION DATED 09/02/2018 ISSUED BY - 7 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 RESPONDENT NO.2 IN NO.KSL SA/121/ADMN/2006 IN RESPECT OF PROMOTING RESPONDENT NO.3 TO 10 AS SENIOR ASSISTANTS/SHERISTEDARS AND THE WRIT PETITION BE ALLOWED IN TOTO AS PRAYED FOR BY ALLOWING THIS WRIT APPEAL. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These two Writ Appeals have been filed impugning the judgment and order dated 20.12.2023 passed by the learned Single Judge in WP.No.8827/2018. 2. Under the provisions of the Karnataka Legal Services Authority Act, 1986, Karnataka Legal Services Authority has come into existence. To govern the service conditions of its employees, The Karnataka State Legal Services Authority Rules 1996 (hereinafter referred to as the '1996 Rules') have been framed which came into effect from 06.02.1996. Under these Rules, several categories of posts have been created, which are Stenographer, Senior Assistant - 8 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 and Section Officer. The Stenographers in the authority are appointed by two sources of recruitment i.e. 50% by direct recruitment and 50% by promotion from the cadre of Typist or by deputation of an official in equivalent cadre from any State Civil Service or Judicial service. The Senior Assistant Post is filled up by making 100% promotion from the cadre of Assistant and Stenographer or by deputation of an official in the equivalent cadre from any State Civil Service or Judicial Service. The next post is a post of Section Officer which is filled up from two sources i.e., (a) 75% by direct recruitment ; and (b) 25% by promotion from the cadre of Senior Assistant and Sheristedhar or by deputation of an official in the equivalent cadre from any State Civil Service or Judicial Service. 3. The 1996 Rules do not provide any criteria for giving the job of Assistant to a Stenographer. Thus, the Competent Authority is at discretion to assign the work of assistant to any of the stenographers. However, for promotion to the post of Senior Assistant, the promotion is made from the persons who have experience of one year as Assistant. Thus, some of the Stenographers would get the opportunity to work - 9 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 as Assistant, but others would not get the opportunity to work as Assistant and they would also lose the opportunity to be promoted to the post of Senior Assistant. 4. The respondent Nos.1 to 3 who are seniors to the respondent Nos.5 to 12 in the cadre of stenographer did not get an opportunity to work as assistant, and therefore, they were not promoted but their juniors who are the respondent Nos. 5 to 12 were promoted to the post of Senior Assistant. The respondent Nos.1 to 3 therefore, filed the writ petition seeking their promotion to the post of Senior Assistant from the date when their juniors were appointed and they also questioned the validity of Rules and requirements of having experience of one year on the post of Assistant to be promoted to the post of Senior Assistant. 5. The learned Single Judge found this Rule of having one year experience on the post of Assistant for promotion as Senior Assistant arbitrary, inasmuch as, a Stenographer does not have any say that who would be given the work of Assistant. There are no Rules for giving the work of the assistant to a Stenographer. It is the complete discretion of the - 10 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 Authority to assign the work of Assistant to any Stenographer. Thus, this Rule has been applied arbitrarily to deny the promotion to the seniors and the juniors who got the opportunity to work as Assistant got promoted to the post of Senior Assistant and the Senior Stenographers were left out. So far this first part of the impugned judgment that the respondent Nos.1 to 3 are entitled to be promoted from the date of their juniors got promoted to the post of Senior Assistant, we do not find any error in the impugned judgment and order. Therefore, we affirm the findings of the Learned Single Judge on this aspect. 6. We also find the provisions of the 1st Schedule of the 1996 Rules regarding promotion to the post of Senior Assistant from the persons having one year experience as Assistant, arbitrary and violative of Article 14 of the Constitution of India. Therefore, the requirement of one year experience on the post of Assistant for promotion to the post of Senior Assistant has been rightly set aside. So far as the second direction issued by the learned Single Judge in the impugned order, for further promotion to the post of Section - 11 - HC-KAR NC: 2025:KHC:44093-DB WA No. 199 of 2024 C/W WA No. 1166 of 2024 Officer is concerned, it was neither a prayer of the petitioners in the writ petition nor such a direction can be given as one time measure when the prayer was not made in the writ petition. Therefore, we are of the view that the second direction for promoting the respondents to the post of Section Officer was wholly unwarranted. Therefore, the said direction is set aside. In view thereof, we disposed of both the Writ Appeals in terms as stated above. The delay condonation application in IA No.1/2024 is allowed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RU List No.: 1 Sl No.: 20