BASAVA Vs. REGISTRAR

JUDGEMENT

(1.) In this writ petition, the petitioner is challenging order dtd. 29/1/2019 (Annexure-E) passed by the respondent No.3 and re-fixation of pay in Order No.07 of 2021 dtd. 11/2/2021 passed by the respondent No.2 (Annexure-F); inter-alia sought for direction to the respondents to grant time bound promotion.

(2.) It is the case of the petitioner that the petitioner was working as Typist in the office of the Senior Civil Judge, Maddur and there were two departmental enquiries held against him namely, D.E. No.6 of 2007 and D.E. No.4 of 2008. After conducting an enquiry, the disciplinary authority by order dtd. 29/8/2011 (Annexure-A) has imposed punishment of compulsory retirement from service. Thereafter, the petitioner preferred appeal against the said order and the appellate authority, by order dtd. 20/5/2016 (Annexure-B), modified the punishment by withholding three increments with cumulative effect in respect of D.E. No.6 of 2007 and withholding one increment for a period of five years without cumulative effect in DE. No.4 of 2008. Thereafter, the petitioner was reinstated into service and he has made a representation seeking promotion and the said representation was rejected by the appointing authority, by impugned order dtd. 29/1/2019 (Annexure-E). It is the grievance of the petitioner that the respondent No.2 has issued order dtd. 11/2/2021 (Annexure-F), whereby, the salary of the petitioner has been re-fixed. Feeling aggrieved by the same, petitioner presented this writ petition.

(3.) Heard Sri. Ranganatha S. Jois, learned counsel appearing for the petitioner and Smt. S. Susheela, learned Senior Counsel on behalf of Sri. Somanatha H., appearing for respondents.