- 1 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 19329 OF 2025 (S-KSAT) BETWEEN: SRI MANJUNATHA ESHWARANNA S/O LATE ESHWARANNA, AGED ABOUT 57 YEARS, WORKING AS DEPUTY CONTROLLER OF LEGAL METROLOGY DEPARTMENT, BENGALURU DISTRICT-560 052, NOW PROMOTED AS JOINT CONTROLLER, LEGAL METROLOGY, MYSURU, R/AT NO.2, SIDDARTHA, INDIRANAGAR, NAGASANDRA POST, BENGALURU-560 073. …PETITIONER (BY SRI. RANGANTHA S JOIS, ADV. SRI S Y RODAGI, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE CONTROLLER, DEPARTMENT OF LEGAL METROLOGY NO.1, ALI ASKAR ROAD, BENGALURU-560 042. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 3. SRI. R. SHRIDHAR, AGE MAJOR, WORKING AS ADDITIONAL REGISTRAR AND MANAGING DIRECTOR IN CO-OPERATIVE SOCIETY, NOW POSTED AS JOINT CONTROLLER (ADMN.), LEGAL METROLOGY, NO.1, ALI ASKAR ROAD, BENGALURU-560 042. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 & R2 R3 - SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS RELATING TO THE IMPUGNED ORDER DATED 19.06.2025 IN APPLICATION NO. 4857/2024 PASSED BY THE KSAT VIDE ANNEXURE-A, PERUSE AND QUASH THE SAME AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLES 14 AND 16 (1) OF THE CONSTITUTION OF INDIA AND PRINCIPLE OF PARITY 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) Aggrieved by order dated 19.06.2025 in Application No.4857/2024 rejecting petitioner’s prayer to quash Notification dated 07.08.2024 deputing third respondent to work as Joint Controller (Admin.) Department of Legal Metrology, petitioner is before this Court. - 3 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 2. The brief facts of the case are that: The petitioner belongs to the Department of Legal Metrology and as on the date of filing Application before the Tribunal was working as Deputy Controller of Legal Metrology, whereas respondent No.3 belonged to Co- Operative Department and was working as Additional Registrar and Managing Director, Department of Co- operation. Under impugned Notification dated 07.08.2024 (Annexure-A4), respondent No.3 was deputed to work as Joint Director (Admin.), Department of Legal Metrology, on his own pay. Questioning the said Notification, deputing third respondent as Joint Director of Legal Metrology, the petitioner was before the Tribunal in the above stated Application contending that the third respondent’s deputation is contrary to the Cadre Recruitment Rules of the Legal Metrology Department and further contending that Circular dated 12.09.2023 (Annexure-A3), the Government has prohibited deputing a person from one department to another department contrary to the Cadre - 4 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 and Recruitment Rules. It is pertinent to note here that the petitioner during the pendency of the Application before the Tribunal was promoted as Joint Controller (Admin.), Department of Legal Metrology under Notification dated 07.12.2024. Taking note of the fact that the petitioner was promoted as Joint Director, Legal Metrology, the Tribunal disposed of the Application observing that there is/was no necessity for any intervention of the Tribunal. Questioning the said order, the petitioner is before this Court in this writ petition. 3. Heard Sri. Ranganatha S Jois, learned counsel for petitioner and learned AGA Sri. Vikas Rojipura for respondent Nos. 1 and 2. Respondent No.3 is served and remained unrepresented. Perused the entire writ petition papers. 4. Learned counsel for the petitioner would contend that the petitioner was eligible and qualified for promotion to the post of Joint Director, Department of Legal Metrology and instead of promoting him to the said - 5 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 post, the respondent Nos. 1 and 2 contrary to the Karnataka Legal Metrology Service (Recruitment) Rules, 1978 (for short ‘C and R Rules, 1978’) by Notification dated 07.08.2024 (Annexure-A4), deputed the third respondent to work as Joint Controller (Admin.), Department of Legal Metrology. Learned counsel Sri. Ranganath S Jois also invites attention of this Court to the Notification dated 09.01.2024 (Annexure-A2) C and R Rules, 1978 and submits that the post of Joint Controller shall be filled up by promotion from the cadre of Deputy Controller, Legal Metrology, who has put in not less than five years of service in the cadre of Deputy Controller of Legal Metrology. It is his specific contention that there is no provision in C and Rules,1978 to fill up the post of Joint Controller by deputation. Further, he would submit that even if the deputation/transfer is considered under Rule 16 of Karnataka Civil Services (General Recruitment) Rules, 1977, no reasons are recorded for such deputation as required under the said Rules. Further, learned counsel - 6 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 for the petitioner would submit that as the petitioner was eligible, qualified for promotion as on the date of deputation of the third respondent, the petitioner would be entitled for retrospective promotion to the cadre of Joint Controller of Legal Metrology. Thus, he would pray for allowing the writ petition. 5. Per contra, learned AGA would submit that under C and R Rules, 1978 (Annexure-A2), four posts of Joint Controller were available and the petitioner cannot claim to the vacancy filled up by deputation of respondent No.3. It is his specific contention that till DPC meeting is conducted, instead of keeping the post vacant, third respondent was deputed/transferred to the post of Joint Controller under Rule 16 of General Recruitment Rules. As such, the petitioner cannot have any grievance. Moreover, he submits that the petitioner was promoted to the cadre of Joint Controller by Notification dated 07.12.2024. Thus, he would support the order passed by the Tribunal. He would further submit that no Government servant has - 7 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 right for promotion and the right is only to consider the case for promotion. Thus, he would pray for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that the third respondent could not have been deputed to work as Joint Controller, Department of Legal Metrology, under Notification dated 07.08.2024 (Anenxure-A4). 7. In terms of C and R Rules 1978, the post of Joint Controller is to be filled up by promotion from the Deputy Control of Legal Metrology who has put in service of not less than five years in the cadre of Deputy Controller of Legal Metrology. The post of Deputy Controller of Legal Metrology is filled up by promotion from the cadre of Assistant Controller of Legal Metrology Grade-1 who has put in a service of not less than five years in the cadre of Assistant Controller of Legal Metrology, Grade-1. Assistant Controller of Legal - 8 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 Metrology, Grade-1 is to be filled up by promotion from Assistant Controller of Legal Metrology, Grade-2. The qualification prescribed for promotion is service of not less than five years in the cadre of Assistant Controller of Legal Metrology Grade-2. Assistant Controller of Legal Metrology, Grade-2 is to be filled up 20% by direct recruitment and 80% by promotion from the cadre of inspector of legal metrology. For direct recruitment of Assistant Controller of Legal Metrology Grade-2, qualification prescribed is graduate of recognized University in Science (with Physics as one of the subjects), Technology or Engineering with three years professional experience. For promotion, must have put in a service of not less than five years in the cadre of Inspector of Legal Metrology and must have completed the basic training course in Indian Institute of Legal Metrology at Ranchi. The qualification prescribed for the post of Inspector, Legal Metrology for direct recruitment is, must be a graduate of recognized University in Science (with Physics as one of - 9 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 the subjects), Technology or Engineering or hold a recognized Diploma in Engineering with three years professional experience. For promotion, must possess the qualification as specified in Rule 28 of the Legal Metrology (General) Rules,2011 (for short ‘2011 Rules’). When such qualifications are prescribed, the State could not have filled up the said post by deputation without verifying as to whether such deputed person possesses such qualification prescribed under the C and R Rules, 1978 or Rule-28 of 2011 Rules. Legal Metrology Officers shall carry out the functions under the legal Metrology Act and 2011 Rules. When such being the functions of a Legal Metrology Officer, officer from Cooperative Department cannot be deputed to work as Joint Controller of Legal Metrology. Deputation of third respondent from Cooperative Department to work as Joint Controller (Admin.), Department of Legal Metrology, is contrary to C and Rules. 1978. - 10 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 8. Learned AGA contended that the deputation is under Rule 16 of General Recruitment Rules and under General Recruitment Rules, 1977, Government by recording reasons could depute any person to work as Joint Controller of Legal Metrology. Though we are not in agreement with such submission, even if to consider the said submission, no reasons are recorded in terms of the said Rules for deputing third respondent to work as Joint Controller (Admin.), Department of Legal Metrology. It is stated that the third respondent has retired from service on attaining the age of superannuation on 31.10.2025. In the meanwhile, the petitioner is also promoted as Joint Director of Legal Metrology, by Notification dated 07.12.2024. In that light of the matter, we hold that no deputation could be made contrary to the C and R Rules, 1978 and Legal Metrology Officers could be appointed who possess the qualification prescribed under the C and R Rules, 1978. - 11 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 9. Learned counsel for the petitioner submitted that the petitioner was eligible for promotion to the post of Joint Controller of Legal metrology and his promotion was denied by deputing third respondent as Joint Controller (Admin.), Department of Legal Metrology. Hence he submitted that the petitioner would be entitled for retrospective promotion from the date the third respondent was deputed to work as Joint Controller (Admin.) Legal Metrology i.e., vide Notification dated 07.08.2024. Mere occurrence of vacancy would not entitle or create a right for promotion. Right is only for consideration of promotion in terms of the C and R Rules, 1978. Since the third respondent was brought on deputation from 07.08.2024, it is to be held that there was need to fill up the post of Joint Controller, Legal Metrology. In that light of the matter, it is open for the petitioner to submit representation seeking retrospective promotion within 15 days from the date of receipt of certified copy of this order and if such representation is - 12 - HC-KAR NC: 2026:KHC:6226-DB WP No. 19329 of 2025 made, the first respondent shall consider the same and pass appropriate orders in accordance with law. Time for compliance, three months from such representation. Ordered accordingly and writ petition stands disposed of in terms of the aforesaid observations. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 1 Sl No.: 5