KESHAVA S/O MADHAV RAO KULKARNI v. PRL. DISTRICT AND SESSION JUDGE
WP/200713/2021 · 2026-02-25
H T Narendra Prasad
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 7416 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7416 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:11727 WP No. 200713 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 200713 OF 2021 BETWEEN: KESHAVA S/O MADHAV RAO KULKARNI AGE 21 YEARS OCC: F.D.A IN JUDICIAL DEPARTMENT PRESENT WORKING IN SENIOR CIVIL JUDGE AND JMFC AT HUMNABAD DISTRICT BIDAR (ON DEPUTATION) R/O H.NO. 15-5-588/2, LAXMI NAGAR KUMBARWADA NEAR RAVINDRA SCHOOL RING ROAD, GUMPA BIDAR DISTRICT BIDAR-585 403 …PETITIONER (BY SRI. GOURISH S KHASHAMPUR., ADVOCATE) AND:
1.
PRL. DISTRICT AND SESSION JUDGE
BIDAR COURT COMPLEX, BIDAR CITY DISTRICT BIDAR-585 401 REP BY C.A.O.
2.
CHIEF MINISTERIAL OFFICER PRL. DISTRICT AND SESSION COURT BIDAR, BIDAR COURT COMPLEX BIDAR CITY, DISTRICT BIDAR 585401. …RESPONDENTS (BY SRI.M A SUBRAMANI., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI MAY KINDLY BE PASSED, QUASHING ANNEXURE- E SHIRESTEDAR PROMOTION
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:11727 WP No. 200713 of 2021
ORDER ISSUED BY RESPONDENT ON ORDER NO 168 2020 BIDAR DATED 01.07.2020 TO THE EXTENT OF PART-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 reliefs:
“A) A writ in the nature of certiorari may kindly be passed, quashing Annexure-E-Shirestedar promotion order issued by Respondent on
Order No:168 2020 Bidar, dated: 01-07-2020 to the extent of PART-A.
B) Issue a writ in the nature of mandamus of direction may kindly be issued, directing the Respondent to give promotion to the Petitioner for the cadre of “SHIRESTEDAR” with effect from 01-07-2020 by counting his seniority as per Annexure-A and same will be intimated to the Adm. Hon'ble High Court of Karnataka, Bangalore, for according the name of Petitioner in the CEO Seniority list in the interest of justice. - 3 -
HC-KAR NC: 2026:KHC:11727 WP No. 200713 of 2021
C) Any other relief for which the Petitioner is legally and equitable entitled may also be granted in favour of the Petitioner, as per law, in the interest of justice and equity.”
2. The learned counsel for the petitioner submits that he will not press prayer (a) and will restrict the writ petition only for consideration of prayer (b). The said submission is placed on record. 3. The case of the petitioner is that he was appointed as a Typist in the year 1998 in respondent-Judicial Department. Thereafter, he was promoted as FDA in the year 2015. He has been serving in the respondent-Judicial Department since 1998. The grievance of the petitioner is that his case was not considered for promotion to the post of Sheristedar. Though he submitted a representation seeking promotion, without considering his case, by order dated 01.07.2020 (Annexure-E), one Smt.Sunitha, who is junior to the petitioner, was promoted to the post of
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HC-KAR NC: 2026:KHC:11727 WP No. 200713 of 2021
Sheristedar. Aggrieved by the same, the petitioner has approached this Court. 4. The learned counsel for the petitioner further submits that during the pendency of this writ petition, by order dated 02.11.2021 (Annexure-R1), the petitioner has been promoted to the post of Sheristedar. However, it is contended that without authority of law, the petitioner was denied promotion to the post of Sheristedar from the date his junior was promoted, i.e., 01.07.2020. Therefore, he claims entitlement to all monetary and consequential benefits from 01.07.2020. 5. The learned counsel appearing for the respondents submits that the petitioner’s representation has been considered and he has been promoted to the post of Sheristedar by order dated 02.11.2021. 6. Heard the learned counsel for the parties and perused the writ papers. - 5 -
HC-KAR NC: 2026:KHC:11727 WP No. 200713 of 2021
7.
It is not in dispute that the petitioner was appointed as a Typist in the year 1998 and was promoted as a FDA in the year 2015. It is also not in dispute that no departmental enquiry is pending against him. Though the petitioner was eligible for promotion to the post of Sheristedar, his case was not considered when his junior, Smt.Sunitha, was promoted on 01.07.2020 vide Annexure-E. Subsequently, the petitioner was promoted on 02.11.2021 vide Annexure-R1. The grievance of the petitioner is that he is entitled to notional promotion with effect from 01.07.2020, along with all monetary and consequential benefits is concerned. 8. In view of the above and in the interest of justice, liberty may be reserved to the petitioner to file a fresh representation seeking for grant of monetary and consequential benefits from 01.07.2020. 9. Accordingly, the following order is passed:
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HC-KAR NC: 2026:KHC:11727 WP No. 200713 of 2021
ORDER a) The writ petition is disposed of. b) Liberty is reserved to the petitioner to submit a fresh representation to the respondent No.1 seeking for grant of monetary and consequential benefits from 01.07.2020. c) If such a representation is submitted by the petitioner, the respondent No.1 shall consider and dispose of the same in accordance with law, within six weeks from the date of receipt of a copy of this
order, keeping in view the observations made herein.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 29