S VISHWANATH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by the order dtd. 12/12/2017 passed by the Karnataka State Administrative Tribunal, Bangalore, in Application No.2624/2007, by which the application preferred by the petitioner claiming promotion to the post of Joint Director in the Department of Health and Family Welfare Services has been turned down.

(2.) The facts of the case reveal that the petitioner before this Court was appointed as an Assistant Surgeon through the Karnataka Public Service Commission on 13/8/1975. He was promoted to the cadre of Senior Specialist which is equivalent to District Surgeon/DHO, Deputy Director of Health and Family Welfare Services. He has attained the age of superannuation on 31/5/2007.

(3.) A gradation list was published reflecting the posts of Senior Specialists on 28/9/2004 and the name of the petitioner was at Sl.No.183 and the name of respondent No.4 was at Sl.No.331 and respondent No.5 was at Sl.No.193. A DPC took place and promoted respondent Nos.4 and 5 as Joint Directors by order dtd. 22/2/2007 and the petitioner was denied the promotion to the post of Joint Director. He submitted a representation on 22/2/2007 itself and requested the department that he is retiring on 31/5/2007 and he is entitled for promotion and his juniors have been promoted. An application was preferred before the Karnataka State Administrative Tribunal (hereinafter referred to as the Tribunal) against the position and the Tribunal in paragraphs 2, 3 and 4 has held has under;