- 1 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 33155 OF 2024 (S-RES) BETWEEN: DR. G. GOVINDA RAJU S/O LATE GANGAIAH AGED ABOUT 58 YEARS WORKING AS DEVELOPMENT OFFICER BANGALORE UNIVERITY JNANA BHARATI BENGALURU 560056 R/AT NO 82 7TH CROSS L R LAYOUT MALGALA NAGARBHVI II MAINROAD KBANGALORE 560091 …PETITIONER (BY SRI. KANTHARAJA H., SR. COUNSEL FOR SRI. RAVI H K., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 AND: THE REGISTRAR BANGALORE UNIVERSITY JNANA BHARATHI CAMPUS BENGALURU - 560056 …RESPONDENT (BY SRI. B PRAMOD., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO. EST-1/E1/GG/2019/2024 DTD 21.09.2024 OF THE RESPONDENT VIDE ANNX-A BY ISSUING A WRIT OF CERTIORARI. DIRECT THE RESPONDENT TO APPLY PROMOTION OF THE PETITIONER TO THE POST OF THE DEVELOPMENT OFFICER WITH EFFECT FORM 23.02.2020 RETROSPECTIVELY AS PER ANNX-E DTD 12.08.2024 BY ISSUING A WRIT OF MANDAMUS. DIRECT THE RESPONDENT TO FIX PAY SCALE OF THE PETITIONER TO THE POST OF THE DEVELOPMENT OFFICER ON UGC SCALE WITH EFFECT FROM 23.2.2020 RETROSPECTIVELY BY ISSUING A WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Petitioner filed this petition seeking following reliefs: “The petitioner most respectfully prays that this Hon'ble Court be pleased to allow this Writ petition by granting the following reliefs; a) Quash the endorsement bearing no.: EST- 1/E1/GG/2019/2024 dated 21.09.2024 of the respondent vide Annexure-A by issuing a writ of Certiorari. b) Direct the respondent to apply promotion of the petitioner to the post of the Development officer with effect from 23.02.2020 retrospectively as per Annexure-E dt 12/8/24 by issuing a Writ of Mandamus. c) Direct the respondent to fix pay scale of the petitioner to the post of the Developmental officer on U.G.C scale with effect from 23.02.2020 retrospectively by issuing a Writ of Certiorari. d) Grant such other and further reliefs in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner belongs to Scheduled Caste and is an employee of the respondent-University. The petitioner filed a petition in WP No.32527/2015 before this Court seeking a direction to the respondent-University to finalise the provisional seniority list dated 13.04.2015 for the cadre of Superintendent by considering the objections raised by the petitioner dated 29.04.2015 and review the promotion granted to 9 Superintendents to the post of Assistant Registrar after finalisation of the seniority list of Assistants/Superintendents. This Court, vide order dated 17.04.2021, directed the respondent to finalise the provisional seniority list of the cadre of Superintendent by considering the objections filed by the petitioner as well as other concerned officials and finalise the seniority list within 3 months. Further, issued a direction for review of the finalisation of the seniority list, promotions that were effected on the basis of provisional seniority list. The - 5 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 respondents did not comply with the directions issued by the Co-ordinate Bench of this Court in the aforesaid petition. The petitioner was forced to file a contempt petition in CCC No.743/2021, wherein the respondents filed an affidavit stating that, as per the recommendation of the Departmental Promotion Committee on 07.01.2022 and decisions dated 18.01.2022 and 09.02.2022 of the Syndicate meetings, the petitioner was given a promotion to the post of Assistant Registrar with retrospective effect from 04.02.2017 and financial benefits from 04.07.2019 and the petitioner was promoted to the post of Development Officer with the immediate effect vide order dated 23.02.2022. The order of promotion to the post of Assistant Registrar was given with a retrospective effect, but the post of promotion to the post of Development Officer was given with a prospective effect. The petitioner submitted representations dated 09.06.2022 and 12.08.2024. Pursuant to the set of representations submitted by the petitioner, the respondent has issued an - 6 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 endorsement vide Annexure-A dated 21.09.2024 declining to grant the promotion with retrospective effect. The petitioner, aggrieved by the impugned endorsement, filed this writ petition. 3. The respondent filed a statement of objections contending that, the petitioner is entitled for promotion with prospective and not with retrospective effect. The respondent has rightly issued an endorsement vide Annexure-A. The impugned endorsement issued by the respondent is in accordance with law. Hence, prays to dismiss the writ petition. 4. Heard the arguments of Sri. Kantharaj.H, learned Senior counsel for the petitioner and the learned counsel for the respondent. 5. Learned Senior Counsel for the petitioner submits that, the petitioner was promoted as an Assistant Registrar with effect from 2017 and it was given with a retrospective effect, and subsequently, was promoted as a - 7 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 Development Officer on 23.02.2022. But, the promotion of Development Officer was given with a prospective effect. The petitioner has submitted a representation requesting the respondent to consider the promotion of the petitioner as a Development Officer with retrospective effect i.e., from 2020. But, the respondents have declined to consider the representation without assigning any reasons. He also submits that, the respondent, while declining to consider the request of the petitioner, has not applied its mind. He also submits that, the petitioner has raised several set of representations submitted on 09.06.2022 and 12.08.2024. The respondent, without considering the said contentions, has issued the impugned endorsement vide Annexure-A. The impugned endorsement issued by the respondent is without application of mind. Hence, on these grounds, he prays to quash the impugned endorsement and direct the respondent to re-consider the representations dated 09.06.2022 and 12.08.2024 and pass an appropriate order in accordance with law. - 8 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 6. Per contra, learned counsel for the respondent submits that, the impugned endorsement issued by the respondent is in accordance with law. He submits that, the respondent has rightly promoted the petitioner as a Development Officer from the date of promotion and the petitioner is not entitled for promotion with retrospective effect. Hence, on this ground, he prays to dismiss the writ petition. 6.1. Learned counsel for the respondent further submits that, if the Court comes to a conclusion that the respondent did not assign any reasons in the impugned endorsement, the respondent will re-consider the representations dated 09.06.2022 and 12.08.2024 submitted by the petitioner and pass an appropriate order in accordance with law. Hence, on this ground, he prays to dispose of the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. - 9 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 8. There is no dispute that the petitioner was promoted as a Development Officer and the petitioner was the employee of the respondent-University. The petitioner filed a writ petition in WP No.32527/2015 challenging the provisional seniority list dated 13.04.2015. This Court, vide order dated 17.04.2021, directed the respondent to finalise the provisional seniority list of the cadre of Superintendent by considering the objections filed by the petitioner and other Officials. The respondent did not comply with the directions issued by this Court in WP No.32527/2015. The petitioner filed a contempt petition in CCC No.743/2021. The respondent filed compliance report and thereafter, the contempt proceedings were dropped. The petitioner was promoted as an Assistant Registrar with a retrospective effect from 04.02.2017 and financial benefits from 04.07.2019. Once again, the petitioner was promoted as a Development Officer with immediate effect i.e., vide order dated 23.02.2022. It is the case of the petitioner that the petitioner is entitled for promotion with - 10 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 a retrospective effect i.e., with effect from 2020 and not from the date of passing the order i.e., 23.02.2022. The petitioner submitted a representation raising several contentions. From the perusal of the impugned endorsement dated 21.09.2024 vide Annexure-A, the respondent has not considered the contentions raised by the petitioner in the set of representations submitted on 09.06.2022 and 12.08.2024. The impugned endorsement issued by the respondent is cryptic and is not a speaking endorsement and the respondent has not applied its mind while issuing the impugned endorsement. The impugned endorsement issued by the respondent is not a speaking endorsement and hence, on this ground alone, the impugned endorsement is liable to be set aside. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; - 11 - HC-KAR NC: 2025:KHC:43612 WP No. 33155 of 2024 ii. The impugned endorsement dated 21.09.2024 vide Annexure-A, is hereby quashed; iii. Respondent is directed to re-consider the representations dated 09.06.2022 and 12.08.2024 and pass an appropriate order in accordance with law, after providing an opportunity of personal hearing to the petitioner, within 3 weeks from the date of receipt of a copy of this order; iv. All the contentions of the parties are kept open. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 32