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2025 DAILYLAW 75232 (KAR)

DR ANAND D v. STATE OF KARNATAKA

WP/17248/2024 · 2025-10-24

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42060 WP No. 17248 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17248 OF 2024 (S-PRO) BETWEEN: DR. ANAND D S/O DEVARAJ, AGED ABOUT 48 YEARS, C/O G K SUBRAMANYA BEHIND BANAVARA CLOTH CENTRE, ARALEPET ROAD HASSAN 573201 WORKING AS PERMANENT TUTOR DEPARTMENT OF DENTISTRY HASSAN INSTITUTE OF MEDICAL SCIENCE HASSAN 573201 …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO GOVERNMENT Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42060 WP No. 17248 of 2024 HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) M S BUILDING BENGALURU 560001 2. SECRETARY (EXPENDITURE) DEPARTMENT OF FINANCE ROOM NO.208, 2ND FLOOR VIDHANA SOUDHA BENGALURU 560001 3. DIRECTOR DIRECTORATE OF MEDICAL EDUCATION BMC AND RI (OLD BUILDING) FIRST FLOOR, FORT, K R ROAD BENGALURU 560002 4. DIRECTOR HASSAN INSTITUTE OF MEDICAL SCIENCES HASSAN - 573201 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R3 SMT. SUMANA BALIGA M., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT - 3 - HC-KAR NC: 2025:KHC:42060 WP No. 17248 of 2024 THE RESPONDENTS TO GRANT REGULAR PROMOTION OR TIME BOUND PROMOTION RETROSPECTIVELY FROM THE DATE OF ELIGIBILITY AS PER GOVERNMENT ORDER FROM 01.04.2011 BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 04.03.2024 AS PER ANNEXURE-A AND TO DECLARE THAT THE PETITIONER IS QUALIFIED AND ENTITLED FOR BENEFITS OF REGULAR PROMOTION OR TIME BOUND PROMOTION SINCE THE PETITIONER HAS WORKED AS PERMANENT TUTOR CONTINUOUSLY FOR MORE THAN 18 YEARS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for a mandamus directing the respondents to consider the representation of the petitioner dated 04.03.2024 vide Annexure-A, wherein the petitioner has sought for grant of regular promotion or time bound promotion retrospectively effect from the date of eligibility as per Government order from 01.04.2011. It is the case of the petitioner that, the - 4 - HC-KAR NC: 2025:KHC:42060 WP No. 17248 of 2024 respondents have not passed any order on the representation submitted by the petitioner vide Annexure-A. 2. Heard the arguments of the learned counsel for the petitioner, learned Additional Government Advocate for State and learned counsel for respondent No.4. 3. Learned counsel for the petitioner submits that, the petitioner has submitted a representation dated 04.03.2024 requesting respondent No.4 to grant a regular promotion or time-bound promotion retrospectively from the date of eligibility. He submits that, respondent No.4 has not passed any order on the representation submitted by the petitioner. hence, he prays to allow the writ petition by issuing a direction to respondent No.4 to consider the representation vide Annexure-A and pass an appropriate order in accordance with law. 4. Per contra, learned counsel for respondent No.4 submits that, if reasonable time is granted, respondent - 5 - HC-KAR NC: 2025:KHC:42060 WP No. 17248 of 2024 No.4 would consider the representation vide Annexure-A and pass an appropriate order in accordance with law. 5. In view of the submission made by learned counsel for respondent No.4 that respondent No.4 would consider the representation, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. Respondent No.4 is directed to consider the representation vide Annexure-A and pass and appropriate order in accordance with law, within eight weeks from the date of receipt of a copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 40