B L SUJATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order pawed by the Karnataka Administrative Tribunal, Bangalore in Application No. 8926/02 passed on 10th June 2010 is called in question by the petitioner.

(2.) The aforesaid application was Sled by the 2nd Respondent herein challenging the promotion given to the petitioner as Assistant Professor in the Department of Ophthalmology attached to Bangalore Medical College as per Annexure-A4 dt.6.(sic).2001 on the ground that 2nd Respondent is senior to the petitioner in the cadre of Lecturer and she was absorbed as a Lecturer w.e.f, 10.11.1999 and that the petitioner herein on acquiring the post graduation degree in 2001 was absorbed as a lecturer w.e.f. 26.5.2001 and within one month thereafter she has been promoted to the poet of Assistant Professor without considering the case of her for promotion. The Tribunal has quashed the order of promotion given to the petitioner on the ground that she had not fulfilled the eligibility criteria to get promotion to the post of Assistant Professor and further directed the Government to consider the case of the 2nd Respondent for promotion to the post of Assistant Professor in accordance with law from the date she completed a minimum period of 3 years as a lecturer and also to consider further consequential promotion. This order is called in question in this petition.

(3.) Before adverting to the arguments advanced by the learned counsel for the parties, it would be appropriate for us to refer to the facts of this case.