J SREENIVASAIAH Vs. REGISTRAR GENERAL AND ORS

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge, who has declined to entertain the writ petition, where the appellant-petitioner had challenged the act of the respondents in denying the time bound promotion.

(2.) The petitioner-appellant is working as English Typist in the Court of Principal Civil Judge and JMFC, Srirangapatna, Mysore. It is not in dispute that he has completed 15 years of service as Typist. Therefore, he made a request for the special promotion to secure senior scale of pay under the Karnataka Civil Service (Automatic Grant of Special Promotion to Senior Scale of Pay) Rules, 1991 ("Rules" for short). The said representation was not made once, he made 10 such representations; all of which were rejected. It is only when the request was rejected for the last time, the petitioner chose to prefer the writ petition. The learned Single Judge declined to entertain the writ petition on the ground that though he satisfies the condition of 15 years of continuous service, he has not satisfied the other conditions, in particular, satisfactory record of service and as twice, after holding him guilty of misconduct, penalty was imposed on him. Aggrieved by the said order of the learned Single Judge, the present appeal is filed.

(3.) The learned counsel for the appellant assailing the impugned order contends that once 15 years of service is completed, an employee is entitled to the benefit of time bound promotion. Merely because, some penalties were imposed during the course of 15 years, would not deprive him the benefit of promotion. We do not see any merit in the said contention. Rule 3 of the Rules on which reliance is placed reads as under: