Mr Duggeshi B M vs State Of Karnataka on 25 July, 2012

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Karnataka High Court

Mr Duggeshi B M vs State Of Karnataka on 25 July, 2012

Bench: Subhash B. Adi

                             1

    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 25TH DAY OF JULY 2012

                          BEFORE

        THE HON'BLE MR. JUSTICE SUBHASH B. ADI

          WRIT PETITION NO.8369/2012(S-PRO)

BETWEEN :

MR DUGGESHI B M
S/O MR MYLAPPA B
AGED ABOUT 41 YEARS
R/AT # 1181, 5TH CROSS
GANDHINAGARA DAVANAGERE
DAVANAGERE DISTRICT-577 001                  ...PETITIONER

            ( BY SRI. K R MURALIKRISHNA, ADV. )

AND :

1    STATE OF KARNATAKA
     REP BY ITS SECRETARY
     URBAN DEVELOPMENT DEPARTMENT
     GOVT OF KARNATAKA, VIKASA SOUDHA
     BANGALORE-560 001

2    STATE OF KARNATAKA
     REP BY ITS UNDER SECRETARY
     URBAN DEVELOPMENT DEPARTMENT
     GOVT OF KARNATAKA
     VIKASA SOUDHA
     BANGALORE-560 001
                              2

3      COMMISSIONER OF MUNICIPAL ADMINISTRATION
       (PREVIOUSL KNOWN AS DIRECTOR OFMUNICIPAL
       ADMINISTRATION), GOVT OF KARNATAKA
       10TH FLOOR, VISHVESHWARAIAH TOWER
        BANGALORE-560 001

4      DEPUTY COMMISSIONER
       DEVANAGERE DISTRICT
       DAVANAGERE
       PIN 577 002

5      PROJECT DIRECTOR
       URBAN DEVELOPMENT CELL
       DAVANAGERE DISTRICT
       DAVANAGERE -577 002

6      MUNICIPAL COMMISSIONER
       CITY MUNICIPAL COUNCIL
       CHITRADURGA-577 002              ...RESPONDENTS

    ( SRI. RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R4)


     THIS WRIT PETIION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION ON INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO PROMOTE THE PETITIONER FROM THE
PRESENT CADRE OF BILL COLLECTOR TO FIRST GRADE
REVENUE INSPECTOR FROM 4.9.10 THEDATE OF PASSING
THE REQUISITE QUALIFICATION BY THE PETITIONER VIDE
ANNEX-D AND TO PROMOTE HIM TO THE CADRE OF FIRST
GRADE REVENUE INSPECTOR INPARWITHTHE OTHER
EMPOLYEES IMMEDIATELY WITHOUT MAKING ANY FURTHER
DELAY.

    THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
                                 3

                            ORDER

Learned Government Pleader is directed to take notice for respondents 1 to 4.

2. Petitioner is seeking a writ of mandamus directing the respondents to promote the petitioner from the present cadre of Bill Collector to First Grade Revenue Inspector with effect from 04.09.2010.

3. Learned counsel for the petitioner submits that when the final gradation list was prepared, since there was no person qualified to be promoted to the post of First Grade Revenue Inspector, the same was kept in backlog and the petitioner is now qualified and the post is still vacant. Despite the same, the petitioner has not been promoted to the said post.

3. Just because the post of First Grade Revenue Inspector is vacant, it does not confer a right on the 4 petitioner to seek promotion. However, if promotions are made to the post of First Grade Revenue Inspector from the post of Bill Collector and if the petitioner is eligible to be promoted, the case of the petitioner may also be considered for promotion to the said post.

Accordingly, the writ petition stands disposed of.

Sd/-

JUDGE sma

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