Keshava S/O Madhav Rao Kulkarni v. Prl. District and Session Judge

NC:(2026:KHC:11727( WP(No.(200713(of(2021( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(25 (DAY(OF(FEBRUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(200713(OF(2021(( BETWEEN:(( KESHAVA,, S/O,MADHAV,RAO,KULKARNI, AGE,21,YEARS, OCC:,F.D.A,IN,JUDICIAL,,DEPARTMENT,, PRESENT,WORKING,IN,SENIOR,CIVIL,JUDGE,, AND,JMFC,AT,HUMNABAD, DISTRICT,BIDAR,(ON,DEPUTATION), R/O,H.NO.,15-5-588/2,,LAXMI,NAGAR, KUMBARWADA,NEAR,RAVINDRA,SCHOOL, RING,ROAD,,GUMPA,BIDAR,, DISTRICT,BIDAR-585,403, …PETITIONER, (BY,SRI.,GOURISH,S,KHASHAMPUR.,,ADVOCATE),

AND:(

1., PRL.,DISTRICT,AND,SESSION,JUDGE,,

, BIDAR,COURT,,COMPLEX,,BIDAR,CITY,Digitallytisignedtiby DHANALAKSHMI DISTRICT,BIDAR-585,401, MURTHY REP,BY,C.A.O., Location:0HIGH ,COURTOF KARNATAKA 2., CHIEF,MINISTERIAL,OFFICER, PRL.,DISTRICT,AND,SESSION,COURT,, BIDAR,,BIDAR,COURT,COMPLEX, BIDAR,CITY,,DISTRICT,BIDAR,585401., …RESPONDENTS, (BY,SRI.M,A,SUBRAMANI.,,ADVOCATE), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, ISSUE,A,WRIT,IN,THE,NATURE,OF,CERTIORARI,MAY,KINDLY,BE, PASSED,,QUASHING,ANNEXURE-,E,SHIRESTEDAR,PROMOTION,

ORDER ISSUED BY RESPONDENT ON ORDER NO 168 2020 BIDAR DATED 01.07.2020 TO THE EXTENT OF PART-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In this writ petition, the petitioner has sought for the following reliefs: "A) A writ in the nature of certiorari may kindly be passed, quashing Annexure-E-Shirestedar promotion order issued by Respondent on Order No:168 2020 Bidar, dated: 01-07-2020 to the extent of PART-A.

B) Issue a writ in the nature of mandamus of direction may kindly be issued, directing the Respondent to give promotion to the Petitioner for the cadre of "SHIRESTEDAR" with effect from 01-07-2020 by counting his seniority as per Annexure-A and same will be intimated to the Adm. Hon'ble High Court of Karnataka, Bangalore, for according the name of Petitioner in the CEO Seniority list in the interest of justice.

C) Any other relief for which the Petitioner is legally and equitable entitled may also be granted in favour of the Petitioner, as per law, in the interest of justice and equity."

¶2The learned counsel for the petitioner submits that he will not press prayer (a) and will restrict the writ petition only for consideration of prayer (b). The said submission is placed on record.

¶3The case of the petitioner is that he was appointed as a Typist in the year 1998 in respondent-Judicial Department. Thereafter, he was promoted as FDA in the year 2015. He has been serving in the respondent-Judicial Department since 1998. The grievance of the petitioner is that his case was not considered for promotion to the post of Sheristedar. Though he submitted a representation seeking promotion, without considering his case, by order dated 01.07.2020 (Annexure-E), one Smt.Sunitha, who is junior to the petitioner, was promoted to the post of

Sheristedar. Aggrieved by the same, the petitioner has approached this Court.

¶4The learned counsel for the petitioner further submits that during the pendency of this writ petition, by order dated 02.11.2021 (Annexure-R1), the petitioner has been promoted to the post of Sheristedar. However, it is contended that without authority of law, the petitioner was denied promotion to the post of Sheristedar from the date his junior was promoted, i.e., 01.07.2020. Therefore, he claims entitlement to all monetary and consequential benefits from 01.07.2020.

¶5The learned counsel appearing for the respondents submits that the petitioner's representation has been considered and he has been promoted to the post of Sheristedar by order dated 02.11.2021.

¶6Heard the learned counsel for the parties and perused the writ papers.

¶7It is not in dispute that the petitioner was appointed as a Typist in the year 1998 and was promoted as a FDA in the year 2015. It is also not in dispute that no departmental enquiry is pending against him. Though the petitioner was eligible for promotion to the post of Sheristedar, his case was not considered when his junior, Smt.Sunitha, was promoted on

01.07.2020 vide Annexure-E. Subsequently, the petitioner was promoted on 02.11.2021 vide Annexure-R1. The grievance of the petitioner is that he is entitled to notional promotion with effect from 01.07.2020, along with all monetary and consequential benefits is concerned.

¶8In view of the above and in the interest of justice, liberty may be reserved to the petitioner to file a fresh representation seeking for grant of monetary and consequential benefits from 01.07.2020.

¶9Accordingly, the following order is passed:

ORDER a) The writ petition is disposed of. b) Liberty is reserved to the petitioner to submit a fresh representation to the respondent No.1 seeking for grant of monetary and consequential benefits from 01.07.2020. c) If such a representation is submitted by the petitioner, the respondent No.1 shall consider and dispose of the same in accordance with law, within six weeks from the date of receipt of a copy of this order, keeping in view the observations made herein.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 29