- 1 - WP No. 105246 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF DECEMBER, 2022 PRESENT THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 105246 OF 2022 (S-KAT) BETWEEN: 1. HITENDRA B GOUDAPPANAVAR S/O BASAVANEPPA AGED 46 YEARS, WORKING AS R-32 ASST DIRECTOR OF AGRICULTURE, HIREKERUR TALUK, HAVERI DIST. RESIDING AT MEDUR AT POST, HIREKERUR TALUK, HAVERI DIST-581111 2. MR. SHIVANANDA S NARAJJI S/O SHIVAPPA NARAJJI AGED 50 YEARS, WORKING AS R-32 ASST DIRECTOR OF AGRICULTURE, O/O JOINT DIRECTOR OF AGRICULTURE, HAVERI, DIST. HAVERI, RESIDING AT C/O B.S KOPPAD, REVENUE QUARTERS, NEAR KLE SCHOOL, HAVERI-581110 3. MR ASHOK V THIRKANNAVAR S/O C.G. GUDDADAPPANAVAR, AGED 45 YEARS, WORKING AS R-32 ASST DIRECTOR OF AGRICULTURE, SMS O/O JOINT DIRECTOR OF AGRICULTURE, BAGALKOT DIST . RESIDING AT LAXMI NILAYA, PLOT NO.M-42 SECTOR NO. 57, NAVANAGARA, BAGALKOT DIST-587102 …PETITIONERS (BY SRI. SRIDHAR PRABHU, SR. COUNSEL FOR SRI. C.S SHETTAR, ADV.) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Dharwad. Date: 2022.12.17 12:09:52 +0530 - 2 - WP No. 105246 of 2022 M.S. BUILDING,BANGALORE-56001 2. THE COMMISSIONER OF AGRICULTURE DEPARTMENT OF AGRICULTURE, SHESHADRI ROAD, BANGALORE-560001 3. MR. PANDU ESHWARA MANE, AGED ABOUT 50 YEARS, WORKING AS R-32 ASSISTANT DIRECTOR OF AGRICULTURE, HALIYAL TALUK, UTTARA KANNADA DISTRICT-581329 4. NASEER AHMAD N AGED 55 YEARS, ASSISTANT DIRECTOR OF AGRICULTURE, SIRAGUPPA TALUK, BELLARY DISTRICT-583121 5. MR RAJESH GURUPADAPPA METI AGED 50 YEARS, WORKING AS R-32 ASSISTANT DIRECTOR OF AGRICULTURE, SEED TESTING LABORATORY, DATC CAMPUS, P.B. ROAD , DHARWAD-580001 6. MR NAGARAJ K AGED ABOUT 50 YEARS, ASSISTANT DIRECTOR OF AGRICULTURE O/O JOINT DIRECTOR OF AGRICULTURE, OPPOSITE D C OFFICE BELLARY-583101 7. MR. MUKTUM SAB NADAF, AGED 48 YEARS, WORKING AS R-32 ASSISTANT DIRECTOR OF AGRICULTURE, CHIKKODI, TQ. BELAGAVI DISTRICT 8. MR RAJASHEKHAR A GOUDAR AGED 50 YEARS, WORKING AS R-32 ASSISTAT DIRECTOR OF AGRICULTURE, NAVANAGAR, HUBLI, DHARWAD-580025 9. SMT SHYLA K PATIL AGED ABOUT 49 YEARS, WORKING AS R-32 ASSISTANT DIRECTOR OF AGRICULTURE, DIST AGRICULTURE TRAINING CENTRE (DATC) P.B ROAD, DHARWAD DISTRICT-580001 …RESPONDENTS (BY SRI.G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 & R2) - 3 - WP No. 105246 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION Nos. 4192 TO 4208 OF 2016 DATED 27/01/2021 AS PER ANNEXURE-B AND ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT NO.1 AND 2 TO RECTIFY AND REPUBLIC THE AGRICULTURE OFFICER (AO) CADRE SENIORITY LIST AS PER THE APPROVED CADRE STRENGTH IN C AND R RULES IN TERMS OF THE PRINCIPLES OF BLOCK PERIOD AND QUOTA SYSTEM LAID DOWN IN THE GUIDELINES TO DETERMINE THE SENIORITY BETWEEN DIRECT RECRUITS AND PROMOTEES DATED 05.07.1976 AT ANNEXURE-D AND TO ACCORD ALL CONSEQUENTIAL BENEFITS TO THE PETITIONERS IN TERMS OF SENIORITY AND PROMOTIONS ELIGIBLE AS PER LAW. THIS PETITION COMING ON FOR ORDERS, THIS DAY, S. SUNIL DUTT YADAV J., PASSED THE FOLLOWING: ORDER Counsel for the petitioners submits that THE Government has taken a decision as per proceedings dated 29.04.2022 to look into the aspect of Seniority. It is submitted that in the light of such proceedings dated 29.04.2022, petitioners have made representation dated 03.11.2022 to the respondents and if the same is considered as per law, result of such consideration if in favour of the petitioners, petitioners would have no grievance at all. Learned Government Advocate, who has accepted notice for respondents 1 and 2, submits that representation would be considered in accordance with law keeping in mind - 4 - WP No. 105246 of 2022 the proceedings dated 29.04.2022. It is further submitted that in pursuance of the proceedings dated 29.04.2022, Commissioner of Agriculture has re-forwarded seeking certain clarifications to the Government on 19.09.2022 and the Government would also take appropriate steps. It is made clear that subject to just exception, if the petitioners are entitled to the relief as per proceedings dated 29.04.2022, same may be considered in accordance with law. In the event the petitioners were to be visited with the adverse order, the petitioners are entitled for revival of this petition, if so required as well as challenge to the order of the Government. Accordingly, writ petition stands disposed off. SD JUDGE SD JUDGE JTR List No.: 1 Sl No.: 10