IN THE HIGH COURT OF' KARNATAKA, BAN
SATEI) THIS THE 18"?" DAY 05' JULY,_i§:f}'G'$.'_ {: L? _
BEFORE
THE HON'BLE MR. JUSTICE'
WRIT ;F'E'I'I'I'ION N¢ 2'a§92L 2Qo%:é %({" SECRETARY TO ;:>EPAm'MENT
' --..QF"U"f_33AN"' DEVELOPMENT, M.S.BUILDINGS
' % .__BANG_ALORE-- 1
T}:gi'i~c0MM1ss:0NER
* BANGALORE DEVELOPMENT AUTHORPFY
% KUMARA PARK WEST, BLORE~'20
M N GNANEESH
MAJOR, WORKING AS F.D.A.
CLASS OF I18. 3,
WORKING AS BANGALORE DEVELOPMENT
AUTHORYFY, KUMARA PARK WEST
BANGALORE~2O
. . . PEPYFIONER.
G THEJAKUMARI
MAJOR, WQRKING AS F'.D.A.
OF E.S.E.
WORKING AS BANGALORE OEVELOPME}. 2
AUTHORITY, KUMARA PARK WEST
BANC}ALORE-20
N GANGADHARA
MAJOR, WORKING AS F.D.A'.;
OFFICE ()1? 13.3.»; 1
WORKENG AS BANGALO,:éE.O%OEvELOPMENir
AUTHORFPY, KUMARA ymazg !}§{EST'~ O 'O O ;
BANGAL0RE»20g_
O ASWATHANARAYANA'
MAJOR, WO_RKIN_C% AsjF.O,A. O
OFFICE .
WORKIE§C§= Bk;N(§é;LORE i;>E:vELOPMENT
A[J"f"H'()1§"I?I'Y,"i%§'LfI\iI--AI%A PARi{ WEST
Bz:NGALO:2E:¢V2OL~,_(~O_ O
M O' sRINNAS1$zs&UE§'I'iiY
MAJORTIN' AGE ' "
4::;:é'E=*1CE: C)P'.__£T3HAIRMAN
~ _ ~-'.O__F'E;'RSQNAL SECTION
, «, A WC)£?KJ,NG AT BANGALORE DEVELOPMENT
= _ A _ mj*1*1:i'ORr_2*':{, KUMARA PARK WEST
" , * EAVNGALQRE-20
M R:VE1§'KA'f'ESH
MAJQR IN AGE
' = =.Q§'F'ICE OF DEPUTY SECRETARY4
= WORKING AT BANGALORE QEVELOPMENT
AUTHORYFY, KUMARA PARK WEST
BANGALORE-2Q
RAJANNA '
MAJOR IN AGE
F'.D.A, WORKING EN THE OFFICE OF THE
WEST DIX/ISKJN, B.D.A.
KUMARA PARK WEST
BANGALOREQO
10 K M RAVISHANKAR
MAJOR IN AGE
f3'.D.A, {R 85 R SECTION)
B.D.A.
KUMARA PARK WEST T.
BANGALORE420 " '
1izES;?c5NDENTS.
(By Sri T.P. SRINIVASA;'~GO\_fT'§}1§i{. FOR 121;"
SR1 K. KRISHNA, FORRZ. '-- A; A.
12.3 TO 12.10 --~SER\fE_Q._ ' .;_ I '
'i'HIS WE §*:Q3:D ;i.INDE§R"'Ai} 2T1C§..ES 226 AND 227 OF
THE CONSf1"i'TL1f}'I--£7)-133FRAYIN-G'--«5FQ_ QUASH THE ORDERS
PASSED B'i'._R'%2;j_WDE._VAI§'N.F'*'D??.28~114997 AND ANN.G
}3T.3»7--;2{}G2, ;}?~Ro:re:0Ti1~.{e THERESPONDENTS E ':'o :0.
DIRECT'R-1-&.2'*{fO._(;0NsIDER THE CLAIM OF THE
PETITIQNERSA 1-33' PF<{)1\&1.0T§NG HIM TO THE POST OF'
F'.¥3.A._ FROM 3.9.3. '=FR'OM THE DATE OF HIS RASSING
DEPA_§R'I'MENTAL-._. EXAMINATION FROM 1987-88 AS PER
*HIsv%%sE'.I§vIG€ REGESTER AND GRANT ALL THE SERVICE
B£f}MEF3f'FS_ THE PETITIONER FOR WHICH HE IS
3;JN1)L:R THE SERVICE RULES.
'X ,M%'TH1SL'%I%®rrrI0N COMING ON FOR HEARING THIS
V V} ' 9AY;*--*m12.f CSURT MADE THE FOLLOWING:
ORDER
The petitioner is questioning Annexures F and G,
T pziistjant to’ which respondents 3 to 10 are promoted as
5 First Division Assistants {FDAs).
41/
¢
2. The case of the petitioner is that he was Working as
Second Bivision Assistant in the office of 1_:he:’~.._:eeeond
respondent Bangalore Development -Tlbe
petitioner joined the ofiice under
the Government to provide sezvioes
famiiy. The ease of the petitioner wasa
freedom fighter. Sufliee it that. i I’e’svgondent–2 had
taken certain persons’ on it thereby provided
employment to-::«”i’}’_1e in their office.
S1ibseqfL:e:*iti3;.: in the same manner
the eeI’viees«of the’ was airready regularised by the
orderef the s After his regularisation, the salary
.iiv.”$VQ\Ls”i~ii’§x{§d in message of Rs. 490-550 with effect from
Vi petitioner became a regular employee of
resi[)ende11t}§i.The petitioner, as {LEI the Rules, completed
“‘–._VVVz’;1*.1Ae Tdepxartznental examinations conducted by the KPSC. The
_ examination result was announced and the petitioner has
passed all the departxnezital examinations. Copies of the
” ieertifieates are to be found at Annexures D} to D6.
Apparently ignoring the claim of the petitioner, respondentfl
has promoted respondents 3 to 16 to the post of The
said promotion is questioned in this petition. ‘ ‘ i’ V
3. I have been taken through tile rei1e:;§3_;t*i st. _.
4. The grievance of the petitioner is that he is on”;1{ia1.1fw.ith A
the promotees, in as he the
departmental examinations. is that his 01211111
is not considered. has sought for
quashingiioi” But, however, certainty
that other request which is made by
the pstitionei’._:that for promotion to the post of
V. is” considered on the basis of passing of
examinations, to my mind, there should
noizvm a;€1y.i::ii)edhnent in issuing such a direction.
§i,_V’ ilonsequently, the following order is passed:
” and 2 to consider the eiaim of the petitioner for promotion tofl
Petition stands disposed of directing respondents 1
/’
K
the post of FXDA. having regard to his
passing of the departmental examinations. S ” ‘ K V. 3 V’ ‘
R1118 is made absolute to t11e:-axis-ntA’ ‘A 2
Mr. T.P. Srinivasa, ieamed (Visa
memo of appearance within f0u.zfi1?eeké.. . ‘ A V’
999