Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11021 (KAR)

SMT C LALITHA K A S v. CHIEF SECRETARY

WP/2154/2021 · 2026-04-01

K V Aravind, S G Pandit

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:17820-DB WP No. 2154 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 2154 OF 2021 (S-KSAT) BETWEEN: SMT. C LALITHA K A S AGED ABOUT 70 YEARS D/O LATE SRI P.S. CHANDRAN R/AT NO.06, 10TH CROSS, JAYAMAHAL EXTENSION, BENGLURU-560 045. …PETITIONER (BY SRI. M.R. SHAILENDRA, ADV. - ABSENT) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA, BENGALURU-560 001. 2. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DPAR, VIDHAN SOUDHA, BENGALURU-560 001. 3. ADDITIONAL SECRETARY, DPAR (SERVICE RULES/SERVICE) VIDHAN SOUDHA, BENGALURU-560 001. 4. DEPUTY SECRETARY DPAR (SERVICES) VIDHAN SOUDHA, BENGALURU-560 001. 5. UNDER SECRETARY DPAR (SERVICES) VIDHAN SOUDHA, BENGALURU-560 001. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17820-DB WP No. 2154 of 2021 6. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 7. PRINCIPAL ACCOUNTANT GENERAL IN KARNATAKA (A AND E)/ PENSION, PARK HOUSE ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO ORDER DATED 06/10/2020 IN APPLICATION NO.9757/2015 ON FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU, AND PERUSE THE SAME 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 S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) There is no representation for the petitioner. Even on the other occasion on 02.03.2026, there was no representation for the petitioner. 2. We have gone through the writ petition and we have heard learned Additional Government Advocate Sri.K.R.Rajendra for respondents. - 3 - HC-KAR NC: 2026:KHC:17820-DB WP No. 2154 of 2021 3. The case of the petitioner is that she was selected and appointed as Tahasildar, Group-B post in pursuance to the Gazetted Probationers examination conducted in pursuance to notification dated 20.11.1974. It is the further case of the petitioner that initially she was selected as Assistant Commissioner, Class-I and subsequently based on the revised reservation policy, the select list was revised and the petitioner was selected as Tahasildar, Group-B Class-II Post. The petitioner accepted her appointment as Tahasildar and continued in service. Long thereafter, the petitioner made representation claiming that she ought to have been selected as Class-I Assistant Commissioner and the said petitioner’s claim was rejected under endorsement dated 23.03.2015. Thereafter, she approached the Tribunal in Application No.9757/2015. The Tribunal holding that the respondent- Government had rejected initially the petitioner’s claim in the year 2006 itself and having kept quite, the petitioner approached the Tribunal in the year 2015, rejected the - 4 - HC-KAR NC: 2026:KHC:17820-DB WP No. 2154 of 2021 petitioner’s application solely on the ground of delay and laches. Questioning the said order of the Tribunal, the petitioner is before this Court in this writ petition. 4. On going through the entire writ petition papers and on hearing the learned Additional Government Advocate, we are of the considered view that the petitioner has not made out any ground to interfere with the order passed by the Tribunal. 5. It is an admitted fact that the petitioner was appointed as Tahasildar, Group-B post in the year 1976 in pursuance to the notification dated 20.11.1974 for recruitment of Gazetted Probationers (Class-I and Class-II). If the petitioner’s request was rejected in the year 2006 itself and if the petitioner had kept quite till 2015, the petitioner’s claim would be barred by time. A person who sleeps over his/her right, cannot agitate the same at his/her will. The petitioner having kept quite from the date of her appointment or from the date her claim is - 5 - HC-KAR NC: 2026:KHC:17820-DB WP No. 2154 of 2021 rejected in the year 2006, could not have agitated her right in the year 2015. Section 21 of the Administrative Tribunals Act, 1985 prescribes limitation and in terms of the said Section, a Government servant who is aggrieved by any action of the State shall have to approach the Tribunal within one year from the date of cause of action. 6. In the instant case, rightly the Tribunal has held that there is inordinate delay and the Tribunal is justified in dismissing the application only on the ground of delay and laches. No reason is made out to interfere with the impugned order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 5