- 1 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 18351 OF 2025 (S-KSAT) BETWEEN: SMT. R PREMALATHA W/O N NARASIMHAMURTHY AGED ABOUT 48 YEARS WORKING AS SUPERINTENDENT OFFICE OF THE AGRICULTURAL PRODUCE MARKET COMMITTEE YESHWANTHPUR BANGALORE -560022 PERMANENTLY R/AT NO.38 NEAR ANNAPOORNESHWARI SCHOOL ANDANAPPA LAYOUT KUVEMPUNAGAR, TAVAREKERE BANGALORE SOUTH-562 130. …PETITIONER (BY SRI. M. MADHUSUDAN, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO OPERATION M S BUILDING BANGALORE 560001. 2. THE DIRECTOR OF AGRICULTURAL MARKETING NO.16, RAJ BHAVAN ROAD BANGALORE- 560001. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 & R2) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER IN APPLICATION NO. 3895/2022 AND 09.10.2023 (VIDE ANNEXURE-D) PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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) Petitioner, unsuccessful applicant before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) is before this Court questioning the order dated 09.10.2023 in Application No.3895/2022 passed by the Tribunal whereunder the petitioner’s request to quash endorsement dated 01.09.2017 (Annexure-A9) and consequent direction to consider the case of the petitioner for promotion to the post of First Division Assistant and promote her to the said post with effect from the date of her juniors were promoted is rejected. - 3 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 2. Heard learned counsel Sri.M.Madhusudan for petitioner and learned Additional Government Advocate Sri.Vikas Rojipura for respondents. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that one Smt.R.Radha and Smt.C.Bhagya who are juniors to the petitioner are promoted retrospectively under order dated 07.06.2022 (Annexure-A11). Hence, he would submit that the petitioner would also be entitled for such retrospective promotion. Learned counsel for the petitioner would submit that the petitioner had made representation requesting retrospective promotion and the same was rejected under endorsement dated 01.07.2017 (Annexure-A8). It is submitted that the persons juniors to the petitioner are promoted retrospectively and they have been placed above the petitioner in the cadre of Superintendent. It is submitted that the next promotional post for First Division Assistant is Superintendent. As the juniors of the petitioner are placed above the petitioner, it - 4 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 is submitted that the service condition of the petitioner would affect. 4. Learned counsel Sri.M.Madhusudan would submit that though the petitioner is senior to the persons who had approached the Tribunal and this Court, such benefit is not extended to the petitioner. He submits that when the juniors of the petitioners are extended certain benefits, petitioner would be entitled for similar benefit. Thus, learned counsel would pray for allowing the writ petition. 5. Per contra, learned Additional Government Advocate Sri.Vikas Rojipura for respondents would submit that the petitioner gave an irrevocable option to get herself promoted to the post of Stenographer and as such, she was promoted as Stenographer by order dated 16.01.2008 and the petitioner has worked as Stenographer. It is his submission that the ratio for promotion to the post of Superintendent from the feeder - 5 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 cadre of First Division Assistant and Stenographer is 18:1. As such, certain of the First Division Assistants sought retrospective promotion and in terms of the order of this Court dated 07.03.2022 in W.P.No.7597/2021, one Smt.R.Radha and Smt.C.Bhagya were given retrospective promotion and they were placed above the petitioner. It is submitted that since retrospective promotion to those persons is in terms of the direction issued by this Court, the petitioner could not have any grievance. Hence, he prays for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned order passed by the Tribunal for more than one reason. 7. Petitioner is seeking retrospective promotion without making the parties who would be affected by such order. Admittedly, the petition averments would indicate that one Smt.R.Radha and Smt.C.Bhagya are promoted - 6 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 retrospectively and they are placed above the petitioner in the cadre of Superintendent. If any order that would be passed in favour of the petitioner would definitely affect such persons. Those persons are not made parties either before the Tribunal or before this Court. Be that as it may, petitioner submitted irrevocable option to get herself promoted as Stenographer and as such petitioner was promoted as Stenographer by order dated 16.01.2008 and Smt.R.Radha and Smt.C.Bhagya continued and they did not opt to go as Stenographers and they are promoted subsequently as First Division Assistants. In terms of the Cadre and Recruitment Rules, ratio for promotion to the cadre of Superintendent from the cadre of First Division Assistant and Stenographer is 18:1. 7. In the said circumstances and in view of the order passed by this Court dated 07.03.2022 in W.P.No.7597/2021, those persons were given retrospective promotion. Without questioning the order of this Court, the petitioner cannot seek any retrospective - 7 - HC-KAR NC: 2026:KHC:6443-DB WP No. 18351 of 2025 promotion, that too, when she has opted for other channel of Stenographer. 8. Thus, we do not find any merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 6