RAMACHANDRA C. N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A civil servant disappointed by the State Administrative Tribunal's order dtd. 20/11/2023 is invoking the writ jurisdiction of this court against denial of promotion to him.

(2.) Learned counsel for the petitioner drawing attention to para 8 of the Tribunal's order argues that there is legal infirmity in the impugned order, inasmuch as the extant 2013 Rules specifically provide for consideration of a candidate for promotion to the next higher cadre if he has put in not less than one year of service in the feeder cadre, when candidates who have put in three year service are not available. He has also produced along with Memo with leave of court, a copy of O.M. dtd. 17/6/2023 relating to one Mr.Srinivasappa.B. who has been directed to be considered for promotion to the higher post though he has put in less than three year service in the feeder cadre.

(3.) Learned AGA appearing for the respondent opposes the petition making submission in justification of the impugned order of the Tribunal and the reasons on which it has been structured. She also points out that the petitioner's case was put in a Sealed Cover since he was facing a disciplinary enquiry which eventually resulted into levy of penalty of censure and therefore, his case cannot be considered for promotion. So contending, she seeks dismissal of petition. 3. Having heard the learned counsel for the parties and having perused the petition papers, we are inclined to grant indulgence in the matter for the simple reason that the provisions of the Karnataka General Service (Motor Vehicles Branch Recruitment) Rules, 2013 vide Item No.12 in the schedule thereto provides for consideration of a candidate who has put in one year service if three year service candidates are not available. The same reads as under: <FRM>JUDGEMENT_42_LAWS(KAR)11_2024_1.html</FRM>