- 1 - HC-KAR NC: 2025:KHC:31931-DB WP No. 1902 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.1902 OF 2020 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY WOMEN AND CHILD DEVELOPMENT DEPARTMENT M.S. BUILDING BENGALURU. 2. THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT M.S. BUILDING BENGALURU …PETITIONERS (BY SRI SUDEV HEGDE, A.G.A.) AND: 1. SRI Y.M. BAGALKOT AGED ABOUT 61 YEARS S/O. MALAKLAJAPPA RETD. WOMEN AND CHILD DEVELOPMENT OFFICER GADAG. RESIDING AT UPPIN LAYOUT SADASHIVANANDANAGAR PLOT NO.9, BARIDEVANAKOPPA HUBLI-580 024. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31931-DB WP No. 1902 of 2020 2. SRI SUMAN M.S. ASSISTANT DIRECTOR OF WOMEN AND CHILD DEVELOPMENT M.S. BUILDING BENGALURU-560 001. …RESPONDENTS (BY SRI B.O. ANIL KUMAR, ADVOCATE, FOR R-1, AND R-2 IS SERVED AND UNREPRESENTED) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11-10-2018 IN APPLICATION NO.3840/2009 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL BENGALURU VIDE ANNEXURE-A. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The State has filed this writ petition impugning the order dated 11.10.2018 passed by the Karnataka State Administrative Tribunal, Bengaluru, in Application No.3840 of 2019 filed by respondent No.1. - 3 - HC-KAR NC: 2025:KHC:31931-DB WP No. 1902 of 2020 2. Respondent No.1 has retired as Women and Child Development Officer in the Department of Women and Child Welfare on 30.04.2006 on attaining the age of superannuation. According to respondent No.1, the promotion was given to Mr. Suman M.S., respondent No.2, who was junior to him, after respondent No.1 retired. Mr. Suman M.S. was given retrospective promotion with effect from 11.02.2003 on the post of Assistant Director, Women and Child Welfare. Respondent No.1 was admittedly in service on the date with effect from which the promotion was given to Mr. Suman M.S. 3. The Tribunal, after considering the grievance of respondent No.1 and taking into consideration the undisputed facts of respondent No.1 being senior to respondent No.2, allowed the application filed by respondent No.1 and directed the State Government to consider the case of respondent No.1 for retrospective promotion from the date on which Mr. Suman M.S., respondent No.2, was promoted to the cadre of the - 4 - HC-KAR NC: 2025:KHC:31931-DB WP No. 1902 of 2020 Assistant Director of Women and Child Welfare Department and also to provide necessary monetary benefits. 4. Sri Sudev Hegde, learned Additional Government Advocate appearing for the State, does not dispute the fact that respondent No.1 was senior to respondent No.2 and respondent No.2 was given retrospective promotion with effect from 11.02.2003 as the Assistant Director of Women and Child Welfare Department. 5. The promotion to respondent No.2 was granted with effect from 11.02.2003 when respondent No.1 was in service as Women and Child Development Officer. Therefore, we do not find that the Tribunal has committed any error of law while allowing the application filed by respondent No.1 and directing the State Government to consider the claim of respondent No.1 for retrospective promotion from the date when his junior i.e. respondent No.2 was promoted with effect from 11.02.2003. We, - 5 - HC-KAR NC: 2025:KHC:31931-DB WP No. 1902 of 2020 therefore, find no ground to interfere with the order passed by the Karnataka State Administrative Tribunal, Bengaluru, and accordingly, the writ petition is dismissed. However, we make it clear that respondent No.1 shall not be entitled for any interest on the monetary benefits to be granted. The State Government i.e. petitioner Nos.1 and 2 are directed to implement the order passed by the Tribunal within a period of six weeks from today. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 43