WP 1700} of 209?
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IN THE HIGH COURT OF KARNATAKA 'T
CIRCUIT BENCH AT DHARWAD _ 'j % V
DATED Tms THE 10TH DAY 0? sEcE.z.4:=éi::R,'2£§08 "
BEFUREA' A
THE HOIWBLE m;::V,.,,.J41L;s*2':*c:1_3§';~:.;«:1.r1V~.-:;;*a.1V:z', Q' _
WRIT Parmow No.'1*:«.'{)011;.>0(:7_ (S-25>'-Rd}_
= LA
K.Ma11esiJj@ Ku;u:aaraA:s/gafzigsifi, .' >
Sfo late Bh;izni§c;)1pa, ' _
Aged about 53 » V
Sazfit.-gavry Méfiéizzjy', é .
City Ni1inicipal Ci§:1;ici1,"AV,_ --. ' '
I-i0spet ~--583201,." "
Bellary District. " _ = ...Petitioner
(By. Sathyafiamyian, Advacatc)
.1;'-T*1*::¢"~fi'ins§ct;;;:V:;f Municigaai Admixxistration,
A Vl:}'it'eCt;€)'I"<'--iif§'V'Of Municipal Admirlisfration,
'Cmvcifimént of Karnataka,
93*. F'§t:gor, Visveswaraya Centre,
_i'3r.B.-'R.Az:abcdkar Road,
" Bangalore-569 {)0}.
23. The: Deputy Commissioner,
Bellaty Disfxict, ,,
Bellary «- 5233101. 14/
W? 1'?00i of 200'?
was assigned the work of a Tax (30-iicctor.
he was assigned the work in the c:§1§1:1_$ecti_:)i1".' " ~
No. 560 ciated 20.3.1995 he was "
cf Supczior Field Worker, i
Sanitaxy Maistxy in the Hea1!iii'i:}i»'i$ioIi' scale.
He was assiged the igiig Seciigin. He was
Working as an purpose of tax
collection. the deparmental
examiziaiiéiiis Municipal and Local
(sf Karnataka. The
petitioiiearii is to the post of Setcond
Division A'SE3.ist-m1;"V-asiusriiliioyees similarly placed have been
'Etc; the§i'j:io::;%tif Second Division Assistant. In fact,
' who also appcinted along with him who was
Sanitary Maisny has been pmmoterd to the
pasta Qf ASe¢ond Division Assistant 0351 the repmsentations
of the erciers passeé by this Court in a Writ
-- in faet ht: has been promoted to the post of First
'"9£v1$i0n Assistant amé then to the post of Manager. Theugh
petititmer was also appainted alrzmg with Subbamia,
1/
WP 1700}. of 2037
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zmfoxtunately he has not been given the said benefit. 1:1" .fact,
both of them made zepreserltations on 01.08.
respondent requesting for promotion to the cadfie' of it
Division Assistance based on
No.DPAR/ 80/ SCR/84 dated 92.04. i’9’3.€–:.’@a:+3§.;icin’.~ ,_
all Gzm1p~’}Z)’ employees whoiihsive ” it
and already completeé five yeariof ‘setviee eligible for
promotion to the post The 3″‘
respondent reco1_m:tiend::d”i1:e eé1s§=.__of Vjietitiea-ner to the
reievaztit records, who,
in turn, respondent no.1. ‘}’hereafter,
no fiirther at:tiot1’WasAi1a1i€ei:1. The petitiozier preferred a writ
V’ ii’z1 W…P.Noi.i1§9’23i4/ 2003 for consideration of his case
sis; the post of Sanitaxy Maistry to the post of
sécgfid ;;;¢s:¢;n Assistant from the date of his first
“v__I’€}3I’€S6fii§IL’i1’Zi0Il dated 1.08.1988 or in the aitemative from
A “it. the date fiom which he has been assigned work
i ettuivalent to that of a Second Division Assistant with
it ietrosmctive effect einé for consequential benefits, The said
Wfit petition was allowed as under:
WP 17001 01′ 200?
“6. The
directed to consider the I*epze.s4ent:+iticii”ieif {hep},
petitioner for promotion ivfmjms A. ivthep V is *
Sanitary Maistxy to the post”ofiifiecond.Ilfliifisiofi} 3
Assistant from 1-3-1’93;3~’..,pr aiisrnatisii:13¥’~«:,fi%si:i”
30-11-1991 the date fip_f}”:¢,Wh_jiu(:h iie«}3Vgd_}:)een
assigned the ._eq1£iva1ei1t..V_to_'”mat of Second
Division Assistant {wiii of eight
weeks, if _1’1of§; earfief,’ v_ciaite,c:Vf receipt of a
ii
order is passed as per
Amie:;«.=i_is~s¢;.:,; ivhsidiiigi flie’ post which the petitioner was
holdingiaspicn is equivalent to the payscaie
of Secogd Aéssistant and he has been paid the
due in respect of the said post and ihere is no
promotion sought for. Aggrieved by the
O!’C1€1″,. peiitioner is before this Court.
.. AA Stilt is unfortunate that though the respcndents were
— in the earlier writ pefifietm they did not choose to
‘”iiistmc’t their counsel to appear and place the facts before
this Court. The reason now assigned. in the impugned order
WP 1700} of 200″?
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was not stated before this Court whiie passing the 0I'(l€I’ in
the aforesaid writ petition. In these cireumstancesV,V.Vthe.said
onier came to he passed. Even after passing hit
was incorrect, the respondents (iid not..—-.tei}:ei Vito.
challenge the same and to seekfhforiisetting
order. Therefore, the said 0rd.e:”hasi’1eeiChed * o
petition was allowed which
has been issued i’viV’i1AA1eii;efoIe, the
Goveznment was ieft with to consider
the tzvéiseiiof’ for vifniomofion {mm the post of
Sanitéiijfi of Second Division Assistant
fmnl tile §é1’te{of. histifusis representation dateci 1.08.1988 or
iui…jthei,.A’a1ternafi\ie”froiii 30.11.1991 the ciate from which he
“1i.ss’».4és_signed work equivalent to that of a Second
Dieision.i2§ssistant within a period of eight Weeks. The .
question before the authority was Whether the petitioner was
A “:i_” entitled to pmxnofion to the said post or not? The petitioner
iwanteci the geromotion and the payeeaie attached to the said
vi promotional post. Now the authorities have declined to
consider the case of the petitioner on the ground that he was
W? 37901 DY 200?
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drawing the salary equivalent to the pots: af Second Division
Assimaxlt. That cannot be 3. ground to reject the the
petitioner for pmmotion. Therefore, thc_:f”‘–
endorsémént issued by 11116 authority mquirr.-=1 V’
Hence, I pass the following:
(3.) Writs ;3etiti(:m is a}ioWé1i’;V.
(b) Impugneti 5¢xx1;;¢;+% at H is hereby
quashed .
(C) Respdigcients c’o11side:r the case
of the fiétifionér’=fé1″».p::1§i£11}tii§n from the post
of v_:M3i$iH$?”‘. V16 Second II)ivis?1o3:1
Assistgtfit fmm ‘4 8.11.938 or in the aliermziive
_ 1:0 .,w<:oI1is1de1fA"«–$hc case of the petiiionerr for
" 30.111991 the date: from
11¢. }:assigned the wark equivaient to
V St:<1§ir3r1c1"'v.I:}i\%'i'$io11 Assistant within eight Weeks
thefdate of receipt of this order.
Sd/-I
Judge
Kms*