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Mohinuddin vs The State Of Karnataka on 16 February, 2010

Karnataka High Court
Mohinuddin vs The State Of Karnataka on 16 February, 2010
Author: K.L.Manjunath & B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16" DAY OF FEBRUARY, zofiej
PRESENT ttvu x
THE HON'BLE M. JUSTICE K.L, mRN§ERATRt2
AND W' x t A
THE HON'BLE MRS. JU$TTcEtE!vo NAoARRTHRRt*t

WRIT PETITION No.ii$S/200é.(s~KAT;

BETWEEN:

Mohinuddin s/o M.D,3fiseaih£
53 years, Havildar+6}*o "

1" Battalion, Karfiataka 2

State Reserve R¢1iae,I,

Bangalorej25f:
R/at Door No.

 Bidék 'No

Head Constables Quarters,
Karnataka State Reserve Police,

Koramafigela,'BangaIore¥34.

PETITIONER

(By Ad§5c§te*sfi.k.sreedhar for
" ' K.Sreedher Assts.)

'eThe.$tatép§£ Karnataka,

'fiRfby tfie Secretary to Govt.,

_'M
.

Deptg'of'Home, Vidhana Soudha,
Bangalorewl.

A:Th% Kdditional Director
'General of Police,

t§Karnataka State Reserve Police,
.tNrupathunga Road,

Bangalore~2.

99:.



3. The Inspector General of
Police, Karnataka State
Reserve Police, Nrupathunga
Road, Bangalore--2.

4. The Commandant, 1" Batallion,
Karnataka State Reserve Police,
No.60, Richmond Road, _,m_
Bangalore~25. I

5. Menasinakai, major, p_
Asst. Reserve Subwlnspector,
4"'Batallion, Karnataka State
Reserve Police, Koramangaia,",
Baflgalore~34. A' 5 "

6. S.F.Konannavar, major,
Havildar (noW.retired),_ . _
Batallion«2,f£arnataka staté=-m§
Reserve Police Ifietachmeht}, .
R/at Yemianavara*Qni,p"*' igw
Savadatti_Po$t,&tTq},'-mw5
Be1gaum'oist;; .pz_ . .. RESPONDENTS

(Govt "Advocate SfitJGeetha Menon for Rwl to4)
(R~5 &,6_ ., Tserved)

,' "This Writ Petition is filed under Art.226 of
the Constitution of India to quash the order dated
28:4;2006 passed by the Karnataka Administrative
Tribunal>' in Application No.394/2001, vide

_ 'Annexure£A, as the said order suffers from errors
efwhich are apparent on the face of the record and
p the "KAT failed to consider the case of the
"petitioner in its proper perspective,

This Petition is coming on for final hearing

u"this day, NAGARATHNA J. made the following:

1%,/,.,.



O R D E R

This writ petition has been filed challenging

the order dated 28.4.2006 passed by the Xernétaka

Administrative Tribunal in diAppliCation

No 394/2001. r””-

2. According to the petitioneiri “he
as police constable in lharnatahag state” Reserve
Police on 10.1.1972 and theteafter fie wed promoted
as Havildar Driver hvva meno dated l8.7;1988 and

reverted on Order dated

l6.6.l§93’iand”fi

l3r7fl99§; the post of Police

Constable was elassified as a Group”C post w.e.f.

VSub’is’ec§,1_e.x»’1tly he passed SSLC Examination

with Kannada as first language,

the’r:e’fore ‘.i’ii1.’1_EiA’e1=Visought for deemed Promotion w.e.f.

é According to the petitioner, date of

vdieligibility for promotion was w.e.f. 3.5.1998 but

“for; the interregnum period his services as

iiflavildar Driver had not been taken into

52.

within a period of four months from the date of

receipt of representation.

7. Accordingly, the writ petition is &is§¢§ed*§£

by modifying the order of thegtribunel:iot

‘”*,_oR/220210

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