- 1 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 28646 OF 2025 (S-KSAT) C/W WRIT PETITION NO. 28058 OF 2025 (S-KSAT) WRIT PETITION NO. 29851 OF 2025 (S-KSAT) WRIT PETITION NO. 34984 OF 2025 (S-KSAT) IN WP No. 28646/2025 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SUDHA, BENGALURU-560 001. 2. THE SECRETARY TO GOVT., INTERNAL ADMINISTRATION (POLICE SERVICE-B), BENGALURU-560 001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER BENGALURU-560 001. 4. THE SUPERINTENDENT OF POLICE, OFFICE OF SUPERINTENDENT OF POLICE, KOLAR GOLD FIELD (KGF), KOLAR DISTRICT-563 122 …PETITIONERS (BY SRI.V. SHIVAREDDY., AGA) AND: 1. SHRI R HANUMAPPA, S/O R RAMAIAH, ASSISTANT SUB-INSPECTOR, AGED ABOUT 59 YEARS, ROBERTSONPETE CIRCLE POLICE STATION, ROBERTSONPETE, KOLAR GOLD FIELD-563 122. R/AT IYMRASAPURA VILLAGE, DODDAVALAGAMADI POST, VIA OORGAUM, K.G.F-563 120, KOLAR DISTRICT. 2. SHRI K.R KRISHNAMURTHY, S/O RAJAPPA, ASSISTANT SUB-INSPECTOR, AGED ABOUT 53 YEARS, OORGAUM POLICE STATION, OORGAUM, KOLAR GOLD FIELD-563 120, R/AT QUARTER NO.8, MASTI VENKATESH IYENGAR BUILDING, VIVEKANAGAR POLICE QUARTERS, ROBERTSONPETE, KOLAR GOLD FIELD-563 122, KOLAR DISTRICT. - 3 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER 3. SHRI MANJUNATHA S, S/O LATE SEENAPPA, AGED ABOUT 59 YEARS, BANGARPETE POLICE STATION, K.G.F.DISTRICT, KOLAR-563 114. R/AT KADARIGOWDANAKOTE, KAMMASANDRA POST, VIA OORGAUM, K.G.F-563 121, KOLAR DISTRICT. …RESPONDENTS (BY SRI.VIGNESHWAR S SHASTRY., SENIOR ADVOCATE FOR SRI. N. SHESHDRI., SMT. AISHWARYA HEGDE M AND SRI. SAGAR V SHASTRY., ADVOCATE FOR C/R1 & R2, R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER/DIRECTION TO SET ASIDE THE IMPUGNED COMMON ORDER DATED 09.08.2024 PASSED BY THE HONBLE KSAT, BENGALURU IN APPLICATION Nos. 2108 OF 2110 OF 2024 VIDE ANNEXURE-A; ISSUE ANY OTHER APPROPRIATE WRIT, ORDERS DIRECTIONS OR SUCH OTHER SUITABLE RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT. - 4 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER IN W.P.No. NO. 28058/2025 BETWEEN: 1. THE STATE OF KARNATAKA REPTD. BY THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU - -560001. 2. THE DIRECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BENGALURU - 560001. 3. THE INSPECTOR GENERAL OF POLICE CENTRAL RANGE, MILLERS ROAD, BENGALURU - 560046. 4. THE SUPERINTENDENT OF POLICE OFFICE OF SUPERINTENDENT OF POLICE, TAMAKA NEAR DEVARAJ URS, MEDICAL COLLEGE, KOLAR DISTRICT, KOLAR - 563101. ...PETITIONERS (BY SRI.V. SHIVAREDDY., AGA) AND: 1. MUNIRAMAN M E ASSISTANT SUB INSPECTOR, S/O LATE ERAPA - 5 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER AGE ABOUT 55 YEARS VEMAGAL POLICE STATION, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT - 563101. ...RESPONDENT (BY SRI. VIGNESHWAR S SHASTRY., SENIOR ADVOCATE FOR SRI. N. SHESDRI AND SRI. SAGAR V SHASTRY., ADVOCATES FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER/ DIRECTION TO SET ASIDE THE IMPUGNED COMMON ORDER DATED 10.03.2025 PASSED BY THE HONBLE KSAT BENGALURU IN A.No-5204/2024 VIDE ANNEXURE-A. IN WP NO. 29851/2025 BETWEEN: 1. THE STATE OF KARNATAKA REPTD BY PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU 560001. 2. THE SECRETARY TO GOVT., INTERNAL ADMINISTRATION (POLICE SERVICE B), BENGALURU-560 001. - 6 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001. 4. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, MYSURU CITY, NAZARABAD, MYSURU-570 010. ...PETITIONERS (BY SRI.V SHIVAREDDY., AGA) AND: 1. MANJUNATH S S/O LATE SIDDARAMAIAH Y M AGED ABOUT 48 YEARS CIVIL HEAD CONSTABLE CHC 214 SIDDARTHNAGARA TRAFFIC POLICE STATION MYSURU CITY R/AT NO.120 20TH MAIN ROAD 2ND STAGE J P NAGARA, MYSURU 570031. 2. SHRI. RAVIRAJ. D.R., S/O LATE RAMACHANDRA RAO. D.R., AGED ABOUT 50 YEARS, CIVIL HEAD CONSTABLE, CHC 193, JAYALAKSHMIPURAM POLICE STATION, MYSORE CITY 570 012. R/AT NO. 1151/1 MYTHRI, BOGADHI-KERGALLI ROAD NEAR HARVIDHYALAYA SCHOOL BOGADHI, MYSORE - 570 026. - 7 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER 3. SHRI B.K. PAVAN, S/O LATE KARIGHATTAIAH, AGED ABOUT 52 YEARS, CIVIL HEAD CONSTABLE, CHC 319, V.V.PURAM POLICE STATION, MYSORE CITY 570 002 R/AT NO.15, C BLOCK, POLICE QUARTERS, HEBBAL, MYSORE CITY 570 016. *4. SHRI GOVINDA NAYAK P R S/O RAMANA NAYAK T R AGED ABOUT 53 YEARS, CIVIL HEAD CONSTABLE CHC 220, DEVARAJ TRAFFIC POLICE STATION MSYORE CITY 570 001. R/AT NO. 04, KUMUDA NILAYA BASAVESHWARA LAYOUT BELAVADI - 570 0018, MYSORE DISTRICT. 5. SHRI ESHWARE GOWDA S/O THUPPE GOWDA, AGED ABOUT 49 YEARS CIVIL HEAD CONSTABLE CHC 300, SIDDARTHA NAGAR TRAFFICE POLICE STATION MYSORE CITY 570 0011. R/AT NO. 52, PARIJATHA E BLOCK, JYOTHINAGAR, MYSORE - 570 019. ...RESPONDENTS (BY SRI.VIGNESHWARS SHASTRY., SENIOR ADVOCATE FOR SRI. N. SHESHDRI AND SRI. SAGAR V SHASTRY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER/ DIRECTION TO SET ASIDE THE IMPUGNED COMMON ORDER DATED 07.01.2025 PASSED BY THE HONBLE KSAT BENGALURU IN A.No-3698 TO 3702/2024 VIDE ANNEXURE-A. IN WP NO. 34984/2025 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, VIDHANA SOUDHA BENGALURU-560 001. *Retyped and replaced vide chamber Order dated 19.02.2026 - 8 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, BENGALURU 560002. 3. THE SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT, BENGALURU 560052. 4. THE COMMISSIONER OF POLICE OFFICE OF COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU 560001. ...PETITIONERS (BY SRI.V. SHIVAREDDY., AGA) AND: PRAMILADEVI H AGED ABOUT 48 YEARS, D/O H HANUMANTHARAYAPPA WHC NO.407, DCRB DEPOT, BENGALURU, PRESENTLY WORKING AS WOMEN HEAD CONSTABLE BANASHANKARI NAGAR, MAIN ROAD, 4TH CROSS, TUMAKURU. ...RESPONDENT (BY SRI.VIGNESHWAR S SHASTRY., SENIOR ADVOCATE FOR SRI. N. SHESHDRI AND SRI. SAGAR V SHASTRY., ADVOCATES) - 9 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO a)ISSUE A WRIT OF CERTIORARI FOR SETTING ASIDE ORDER DATED 09/04/2025 PASSED BY THE LEARNED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NO.2037/2024 PRODUCED AT ANNEXURE-A. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The State and its officers are aggrieved by the Tribunal's different but similar orders quashing the Endorsements issued to the respective private respondents and directing the petitioners to consider the representations in the light of the decisions rendered by two Co-ordinate benches of this Court in - 10 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER W.P. No. 48963/2012 and W.P.No.7924/2020. The Tribunal has also directed the petitioners to consider the respondents' case for the Time Bound Promotion on the completion of 18, 25 and 28 years of service with all consequential benefits referring to the notifications issued, and the Tribunal has called upon the petitioners to complete the exercise within three months from the date of the decision. 2. It is undisputed that the respondents have entered service as the Assistant Sub-Inspectors of Police with the Department of Police, and after the transfer from their initial unit based on their request their seniority consequently is reckoned based on the date of their respective transfers. They have taken the last position in seniority within the Unit/s as of that date. The Government has notified the Scheme providing for Time-Bound Advancement to ensure that these respondents, as also similarly placed persons, have the benefit of Time-Bound Promotion - 11 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER to boost the morale and that they do not suffer from stagnation in their careers. 3. The Government, in the case of some of the similarly placed petitioners, has taken the defense that only the service rendered in the unit from the date of their transfer must be reckoned for the Time-Bound Promotions, but this Court in WP No.48963/2012 has not accepted this defense and has issued directions. The Tribunal has referred to this Court's opinion, and it would serve the present purposes if the relevant paragraphs are extracted. These paragraphs read as under: "12. The Tribunal found that Rule-6 proviso does come in the way of the petitioner seeking for promotion either in regular course or by up-gradation and that it can be taken into consideration only from the year 1997 as per the Rules and it is for this reason, the application was rejected. - 12 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER 13. However, what is argued on behalf of the petitioner is that the purpose of the Government Order dated 05.04.2010 is to give promotion from the post of Police Constable to the post of Head Constable who have stagnated for 18 years. To boost the morale of the members who have been stagnating with no promotion and should have to wait for long years if they should be given promotion as per the seniority and therefore it was a special scheme and by upgrading as many number of posts of Police Constables who had put in over 18 years of service and therefore the petitioner could have been considered for such promotion at least if not for the regular promotion. 14. It is specifically urged that the petitioner no doubt would forego seniority because of his request transfer, but that does not take away his service rendered earlier as Police Constable and if that is counted for the purpose of the Government Order - 13 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER dated 05.10.2010, he has put in by now over 30 years of service and therefore, the petitioner's case should have been considered if not for regular promotion at least for promotion as per Government Order dated 05.04.2010". The State carried this Court's order to the Apex Court in SLP (CC) 21150/2013, and the Apex Court has dismissed the petition in limine on 13.12.2013. The State has filed its review in Review Petition No.1296/2014, and the Apex Court has rejected even this Review Petition in the year 2014. 4. The merits of the defense as aforesaid is once again presented for consideration with this Court in WP No.7924/2020 and connected writ petitions, and this Court has disposed of these writ petitions on 03.07.2023 essentially observing that it is inclined to follow the reasoning adopted by this Court in the earlier orders in W.P. No. 48963/2012 permitting those before it to relief. The State has - 14 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER carried this order in challenge to the Apex Court after two years, and the petition is not listed, as stated on behalf of the petitioner by the learned counsel on record, because the office objections have not been attended to. 5. Sri Vigneshwara S Shastri, the learned Senior Counsel for the respondents, while emphasizing the afore which are taken as undisputed, submit that this Court must not interfere in the present petitions as no overwhelming circumstances are placed on record for this Court to take a different view and canvassing that in both the cases in W.P. No.48963/2012 and W.P.No.7924/2020 those similarly placed as the petitioners have been admitted to the benefits of the opinion that even the service prior to the transfer on request must be considered. 6. Sri V. Shiva Reddy, the learned Additional Government Advocate, is heard in the light of these - 15 - HC-KAR NC: 2025:KHC:52690-DB WP No. 28646 of 2025 C/W WP No. 28058 of 2025 WP No. 29851 of 2025 AND 1 OTHER circumstances and the canvass. This Court is not persuaded to opine that there can be another view in view of the consistent view of this Court. Therefore, there cannot be any interference, but the State must be allowed further time to comply with the Tribunal's directions. As such, the following: ORDER The petitions stand disposed of directing the petitioners to implement the Tribunal's directions within three (3) months from the date of receipt of a copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE NV