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2025 DAILYLAW 86793 (KAR)

KOTRASWAMY.U v. STATE OF KARNATAKA

WP/6926/2023 · 2025-08-20

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32410 WP No. 6926 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6926 OF 2023 (S-PRO) BETWEEN: KOTRASWAMY.U S/O LATE GURUBASAPPA U AGED ABOUT 58 YEARS PRINCIPAL(INCHARGE) NATIONAL P U COLLEGE BARKUR UDUPI TALUK AND DISTRICT-576210. …PETITIONER (BY SRI. PRASAD HEGDE K B., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION PRIMARY AND SECONDARY EDUCATION M S BUILDING, BANGALORE-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. DIRECTOR PRE UNIVERSITY BOARD MALLESHWARAM 18TH CROSS SAMPIGE ROAD, BANGALORE-560012. 3. JOINT DIRECTOR PRE UNIVERSITY BOARD MALLESHWARAM 18TH CROSS SAMPIGE ROAD, BANGALORE-560012. 4. BARKUR EDUCATIONAL SOCIETY(R) UDUPI TALUK AND DISTRICT-576210 BY ITS SECRETARY, B SEETHARAM SHETTY. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32410 WP No. 6926 of 2023 5. THE ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL (A & E) KARNATAKA, BANGALORE P.B.NO.5329/2369 ANNEX BUILDING, PARK HOUSE ROAD BANGALORE-560001. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1 TO R3: SRI RAJESH SHETTIGAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 25/11/2022 MADE IN NO. PPOOSHIE/AA-1/CR-1/SU0053/STHAVEBA/2021-22 ISSUED BY THE R-3 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief/s: “(i) issue a writ in the nature of Certiorari or any other appropriate writ or order or direction to quash the order dated 25.11.2022 made in No. PPOOSHIE/AA-1/CR-1/SU0053/STHAVEBA/2021-22 issued by the 3rd respondent as per ANNEXURE-A. - 3 - HC-KAR NC: 2025:KHC:32410 WP No. 6926 of 2023 (ii) Issue an order writ in the nature of the mandamus directing the 2nd respondent to approve the proposal of the 4th respondent for promotion/appointment of the petitioner as a principal as per proposal dated 03.11.2020 /11.11.2020 as per ANNEXURE-S. (iii) Grant such other further relief as may deem fit in the circumstances of the case.” 2. Learned AGA submits that since the petitioner has already retired from the service, his case for promotion cannot be considered at this stage. 3. Learned counsel for the petitioner submits that, even after retirement, the petitioner's retirement benefits and two increments have not been granted. To that effect, the petitioner has submitted a representation. 4. Be that as it may, in this petition, the petitioner has only sought for approval of his promotion. In view of the submission made by the learned AGA, the same does not survive for consideration. - 4 - HC-KAR NC: 2025:KHC:32410 WP No. 6926 of 2023 5. Hence, I pass the following: ORDER a) The writ petition is disposed of. b) Liberty is reserved to the petitioner to submit a representation to the appropriate competent authority for any other relief/s, in accordance with law. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 29