- 1 - HC-KAR NC: 2025:KHC-D:13894-DB WP No. 101177 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 101177 OF 2025 (S-KAT) BETWEEN: SRI. D.L. MIRJANAKAR S/O. LOKAPPA MIRJANAKAR AGE. 53 YEARS, OCC. SERVING RANGE FOREST OFFICER, GOVERNMENT TIMBER DEPARTMENT, A/AT. KIRWATTI, TQ. YELLAPUR, DIST. UTTARA KANNADA 581412. DY RFO SENIORITY NO.349, BLOCK WISE SL.NO.82. …PETITIONER (BY SMT. NAGARATNA M. DURGAI, ADVOCATE FOR SRI. ANAND L. SANDRIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY (FOREST), FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, ROOM NO. 442, GATE NO.2, M.S. BUILDING, BENGALURU-560001. 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HOFF) FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT, 4TH FLOOR, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.28 11:28:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13894-DB WP No. 101177 of 2025 BENGALURU-560003. 3. CHIEF CONSERVATOR OF FOREST CANARA CIRCLE, SIRSI-581401. 4. SRI. PRASAD T. PEDNEKAR AGE. 45 YEARS, OCC. SERVING AS RANGE FOREST OFFICER, IDAGUNJI CIRCLE, TQ. YELLAPUR, DIST. UTTARA KANNADA-581359. 5. SRI. VINAYAK P. NAIK AGE. 41 YEARS, OCC. SERVING AS RANGE FOREST OFFICER, MASTIKATTA CIRCLE, TQ. ANKOLA, DIST. UTTARA KANNADA-581314. 6. SRI. DEEPAK A. NAIK AGE. 47 YEARS, OCC. SERVING AS RANGE FOREST OFFICER, TALAKAL CIRCLE, TQ. KUMTA, DIST. UTTARA KANNADA-581343. 7. SRI. VAGESH B.J. AGE. NOT KNOW, OCC. SERVING AS RANGE FOREST OFFICER, LAKKAVALLI CIRCLE, BHADRAVATI DIVISION, TQ. BHADRAVATI, DIST. SHIVAMOGGA-577301. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, CALL FOR THE RECORDS IN APPLICATION NO. 10693/2022 AT ANNEXURE-A ON THE FILE OF THE ASIDE THE IMPUGNED ORDER DATED. 17/01/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT BELAGAVI IN APPLICATION NO. 10693/2022 VIDE ANNEXURE-D AND THE RESPONDENT NO.2 MAY KINDLY BE DIRECTED TO ISSUE RETROSPECTIVE PROMOTION W.E.F. FROM 16.08.2021 AND 06.12.2021, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:13894-DB WP No. 101177 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner-applicant before the Karnataka State Administrative Tribunal, Belagavi (for short ’Tribunal’) is before this Court aggrieved by the order dated 17.01.2025 in application No.10693/2022 passed by the Tribunal. 2. Heard learned counsel Smt.Nagaratna M. Durgai advocate for Sri.Anand L Sandrimani for petitioners and learned Prl.Govt., Advocate Sri.G.K.Hiregoudar for respondent Nos.1 to 3. 3. The petitioner was before the Tribunal with a prayer for a direction to the respondents to consider the representations at Annexures-A7 and A8 to promote him retrospectively with effect from 16.08.2021 and 06.12.2021 to the cadre of Deputy Range Forest Officer. The Tribunal - 4 - HC-KAR NC: 2025:KHC-D:13894-DB WP No. 101177 of 2025 considering the contentions of the parties under impugned order directed the respondent No.3 to consider the representation dated 16.08.2021 and 06.12.2021 of the petitioner on finalization of the fresh seniority list of Deputy Range Forest Officers. 4. When the petitioner’s prayer for consideration of the representation was allowed by the Tribunal, there was no cause of action for the petitioner to file the present writ petition. The Tribunal taking note of the fact that in another set of applications had directed to redo the seniority list of the Canara circle, which is pending before the respondents- authorities, the Tribunal was of the opinion that unless seniority issue is settled, the consideration of claim of the applicant for retrospective promotion would be pre-mature. Therefore, the Tribunal rightly directed the authorities to consider the representation of the petitioner subsequent to finalization of the fresh seniority list of Deputy Range Forest Officer. When the Tribunal had already directed for preparation of fresh seniority list of canara circle relating to - 5 - HC-KAR NC: 2025:KHC-D:13894-DB WP No. 101177 of 2025 the DRFO, only on finalization of such seniority list, it is for the authorities to consider the request of the petitioner. 5. We do not find any error in the order passed by the Tribunal, that too when the order is passed granting the relief sought by the petitioner. In that circumstance, we are not inclined to interfere with the impugned order passed by the Tribunal. 6. Accordingly writ petition stands rejected. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 29