S KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner and Respondent-2 who were simultaneously recruited as Regional Transport Officers in the Department of Motor Vehicles in Karnataka vie for earlier promotion and for consequential seniority in higher cadres. Admittedly, second Respondent is senior to petitioner in the cadre of R.T.Os.

(2.) Mode of filling up of the cadre of Deputy Transport Commissioner as per C & R Rules of the Department is promotion by selection of R.T.Os. Departmental Promotion Committee constituted for the purpose after examining claims of all eligible officers opined that petitioner is suitable for promotion as Deputy Transport Commissioner. Depart mental Promotion Committee further held on consideration of service records of Respondent-2, that he is not suitable for promotion as Deputy Transport Commissioner. It is open to the State Government either to accept the recommendation or to reject it. In case of rejection, Government on evaluation of merits of all eligible candidates may reach a conclusion of its own. State Government discarded the views of the Pro motional Committee, as it felt that there is no justification to supersede the claim of second Respondent for promotion and promoted him accordingly. It is the validity of the said promotion that is challenged in this Writ Petition.

(3.) There is no controversy regarding principles governing consideration of promotion, but its application. In order to decide as to whether there is a proper application of principles or consideration, it is necessary to mention in brief principles governing consideration.