Karnataka High Court
Sri D.S. Shikharesh vs The Commissioner For Employment & ... on 5 December, 2014
Bench: K.L.Manjunath, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 5TH DAY OF DECEMBER 2014
BEFORE
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT APPEAL NO.3857 OF 2013(S-RES)
BETWEEN:
Sri D.S.Shikharesh
Aged about 45 years
S/o Sri B.Shivanna
Working a Junior Training Officer,
Sri Hombegowda Industrial
Training Institute, Kengal,
Channapatna Taluk,
Ramanagaram District,
R/at Deshahalli, Maddur Taluk,
Mandya District - 571 429. ...APPELLANT
(By Sri K.B.Narayana Swamy, Advocate)
2
AND:
1. The Commissioner for
Employment & Training
Government of Karnataka,
Koushalya Bhavan,
Dairy Circle,
Bannerghatta Road,
Bangalore - 560 029.
2. The Joint Director(Training)
Department of Employment and Training
Government of Karnataka
Koushalya Bhavan,
Dairy Circle,
Bannerghatta Road,
Bangalore - 560 029.
3. The Secretary
Sri Hombegowda Educational Trust,
Kengal, Channapatna Taluk,
Ramanagaram District - 571 502.
4. The Principal
Sri Hombegowda Educational Trust,
Kengal, Channapatna Taluk,
Ramanagaram District - 571 502.
5. The Chowdegowda
Aged about 54 years
S/o Chowdegowda,
Working a Junior Trianing Officer,
Sri Hombegowda Industrial Training Institute,
Kengal, Channapatna Taluk,
Ramanagaram District
3
R/at A.V.Halli,
Channapatna Taluk - 571 502
Ramanagaram District. ...RESPONDENTS
(By Sri Vasanth V.Fernandes, HCGP for R1 & R2)
*****
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the
order passed in the Writ Petition No.11960/2008(S-
RES) dated 06.2.2012.
This Writ Appeal coming on for preliminary
hearing this day, Ravi Malimath J., delivered the
following:-
JUDGMENT
Aggrieved by the order dated 06.02.2012, passed by the learned Single Judge in W.P. No.11960/2008, dismissing the writ petition, the writ petitioner has filed this appeal.
2. The plea of the petitioner was that respondent no.3, namely, the Secretary of the Educational Trust, to create one more post of Training 4 Officer on the ground that there are 15 units and hence it is necessary. However, the respondent on considering the petitioner's plea rejected the same. The same was questioned before the learned Single Judge.
3. The learned Single Judge by the impugned order dismissed the writ petition. It was held that in terms of the ratio laid down by the Hon'ble Apex Court in the case of Post Graduate Institute of Medical Education And Research vs. Faculty Association reported in 1998 (4) SCC 1, that whenever there is a single post to be filled up, following of roaster does not arise and the writ petition was dismissed.
4. The plea of the petitioner was to seek for a direction to create one more post of Training Officer and thereby consider his case for promotion. In view of the reasoning assigned by the learned Single Judge 5 relying upon the judgment of the Hon'ble Apex Court, we do not find any error that calls for interference. Even otherwise, it is needless to state that as and when the post is created, the petitioner could be considered for the same.
5. Accordingly, the appeal being devoid of merit is dismissed.
Sd/-
JUDGE Sd/-
JUDGE JJ