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
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
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