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2025 DAILYLAW 74470 (KAR)

MR. YOGANANDH v. THE MANAGING DIRECTOR

RP/800/2022 · 2025-08-29

J M Khazi, Jayant Banerji

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33726-DB RP No. 800 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE J.M.KHAZI REVIEW PETITION NO. 800 OF 2022 BETWEEN: MR.YOGANANDH, S/O MANJEGOWDA, AGED ABOUT 50 YEARS, C/O M.GOPINATHA, BHAGWANTH RAO LAYOUT, WEAVERS COLONY, NELAMANGALA, BANGALORE RURAL DISTRICT, BANGALORE-562 123. …PETITIONER (BY SRI.PRADEEP KUMAR.K.N, ADVOCATE) AND: THE MANAGING DIRECTOR, MML LIMITED, 5TH FLOOR, TTMC BUILDING, (BMTC BUILDING), A BLOCK, SHANTHINAGARA, BANGALORE -560 027. …RESPONDENT (BY SRI.G.LAKSHMEESH RAO, ADVOCATE) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33726-DB RP No. 800 of 2022 THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 11.07.2022 PASSED IN WRIT APPEAL NO.123/2021 (S-RES) AND THE REVIEW PETITION BE ALLOWED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS ALONG WITH IA NO.2/2023 FOR RECALL OF THE ORDER DATED 06.10.2023 IN THIS REVIEW PETITION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER ON IA No.2/2023 (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) 1. Heard the learned counsel for the applicant/Review Petitioner and the learned counsel appearing for the Respondent-M/s. Mysore Minerals Limited. 2. This IA has been filed seeking recall of an order of dismissal of the petition for non-prosecution dated 06.10.2023 passed by this Court in the Review Petition and for restoration of the petition. The cause shown in the affidavit filed in support of the application is sufficient and for want of any written objection on behalf of the Respondent, this application is allowed. The case shall stand restored to its original number. - 3 - HC-KAR NC: 2025:KHC:33726-DB RP No. 800 of 2022 ORDER OF REVIEW PETITION 3. We have perused the impugned judgment dated 11.07.2022 passed in Writ Appeal No.123/2021 (S-RES) that arose out of a judgment dated 14.10.2020 passed in Writ Petition No.800/2017 (S-RES). 4. The petitioner on the basis of a Circular No.PER/20/GEN/96-97 dated 18.07.1996, claimed further promotion, and submitted representations, which were rejected. A writ petition was filed in 2009 seeking a direction to the Respondent to consider the representations submitted by the petitioner. The writ petition came to be disposed of with liberty to the petitioner to assail the orders by which his representations were rejected. Thereafter, the petitioner filed Writ Petition No.26845/2010, in which the aforesaid two orders of the respondent were challenged. 5. In the writ petition, inter alia, it was held that the respondent had rightly rejected the claim of the respondent for promotion and accordingly, the writ petition was dismissed. Thereafter, the petitioner again filed a writ petition seeking quashing of an endorsement dated 03.10.2015 as well as a - 4 - HC-KAR NC: 2025:KHC:33726-DB RP No. 800 of 2022 direction to M/s. Mysore Minerals Limited to promote the petitioner by creating a suitable post. Thereafter, by means of the order dated 14.10.2020, the writ petition filed by the petitioner was dismissed. 6. In the writ appeal, after considering the contention of the learned counsel for the parties and as well as the case- law on the subject, this Court has observed that the benefit of promotion was admittedly accorded to the petitioner on three occasions and the claim for further promotion could not be granted in the absence of any provision in the Cadre and in the Recruitment Rules. 7. For the reasons stated in the judgment, the writ appeal was dismissed and the view of the learned Single Judge was upheld. Even before this Court, the counsel for the petitioner merely seeks the benefit of the Circular dated 18.07.1996, which was the subject matter of his representations made before the respondent, which came to be considered and dismissed by the respondent, that was part of the proceedings in the writ petition and in the writ appeal. - 5 - HC-KAR NC: 2025:KHC:33726-DB RP No. 800 of 2022 8. For the reasons aforesaid, we find no error apparent on the face of the record of the judgment, that may warrant its review. The Review Petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (J.M.KHAZI) JUDGE KGR* List No.: 1 Sl No.: 2