Karnataka High Court
Sri Srinivasa K T vs State Of Karnataka on 31 March, 2023
Bench: G.Narendar, P.N.Desai
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RP No. 746 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE G.NARENDAR
AND
THE HON'BLE MR JUSTICE P.N.DESAI
REVIEW PETITION NO. 746 OF 2022
IN
W.P.NO.3846 OF 2021 (S-KSAT)
BETWEEN:
1. SRI SRINIVASA K.T.
S/O D.THIMMA NAIK
AGED ABOUT 45 YEARS
FIRST DIVISION ASSISTANT,
NOW SENIOR MARKET SUPERVISOR
FRUITS AND VEGETABLE MARKET
(SPECIAL),BINNYPET,
BENGALURU - 560 023.
2. SRI. MGHARAJU
Digitally signed by S/O RAMEGOWDA
NAGARATHNA M MAJOR,
Location: HIGH
COURT OF OCC:COMPLIER,
KARNATAKA NOW SENIOR MARKET
SUPERVISOR,
FRUITS AND VEGETABLE MARKET(SPECIAL),
BINNYPET,
BENGALURU - 560 023.
3. SMT.MAMATHAVANI
D/O A VAIKUNTA PRABHU,
MAJOR,
FIRST DIVISION ASSISTANT,
HEAD OFFICE,
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RP No. 746 of 2022
AGRICULTURAL MARKETING
DEPARTMENT,
RAJ BHAVAN ROAD
BENGALURU-560 001.
4. SMT. KAVITHA D
D/O DHANANJAYA
AGED ABOUT 43 YEARS
HEAD OFFICE:
AGRICULTURAL MARKETING
DEPARTMENT,
RAJ BHAVAN ROAD,
BENGALURU-560 001.
5. SRI. RAMACHANDRA
MAJOR,
ACCOUNTANT GRADE-II,
NOW ASSISTANT SECRETARY GRADE-III
APMC, SALMARA PUTTUR TALUK,
DAKSHINA KANNADA DISTRICT.
6. SRI. VITTAL M.A
MAJOR,
ACCOUNTANT GRADE-II,
NOW ASSISTANT SECRETARY
APMC. CHANNAGIRI,
DAVANAGERE DISTRICT.
7. SRI. MAHESH
S/O KRISHNAPPA
AGED ABOUT 40 YEARS
ACCOUNTANT GRADE-I APMC
DAVANAGERE.
...PETITIONERS
(BY Sri: LAKSHMINARAYANA V., SENIOR COUNSEL FOR
SMT. HEMALATHA V., ADVOCATE)
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RP No. 746 of 2022
AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
CO-OPERATIVE DEPARTMENT,
M.S BUILDING,
BENGALURU-560 001.
2. THE DIRECTOR
THE AGRICULTURE MARKETING
BOARD,INFANTRY ROAD,
BENGALURU - 560 001.
3. SRI. K.G SANGAMA
MAJOR,
MARKET SUPERVISOR,
NOW ASSISTANT SECRETARY,
APMC,
DHARWAD - 570 001.
4. SMT.S.B. PARVATHI
MAJOR
ACCOUNTANT GRADE - 2
NOW ASSISTANT SECRETARY GRADE-3,
APMC,
GONIKOPPALA-571 213.
5. SMT. M.C ASHAKUMARI
MAJOR,
MARKETING INSPECTOR,
NOW ASSISTANT SECRETARY
GRADE-2,
ARASIKERE.
6. SMT. D. SHANTHI BALIGA,
MAJOR,
MARKETING INSPECTOR
NOW SENIOR MARKETING
SUPERVISOR AGRICULTURE
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RP No. 746 of 2022
MARKETING DEPARTMENT
MANGALURU-570 001.
7. SMT. T.S VANI
MAJOR,
FIRST DIVISION ASSISTANT,
NOW INTERNAL AUDITOR,
APMC,
CHITRADURGA-570 001.
8. SRI. CHALUVARAJU
MAJOR
INTERNAL AUDIT D-2
NOW SUPERINTENDENT OF
MARKETING,
CHALLAKERE-560 027.
9. SMT. R. ANURADHA
MAJOR,
ASSISTANT SECRETARY D-4,
NOW SENIOR MARKETING
SUPERVISOR FRUIT AND VEGETABLE
(SPECIAL) MARKET,
BENGALURU.
10. SRI. ABID BEGAM MULLA
MAJOR,
ACCOUNTANT-02
NOW INTERNAL AUDITOR GRADE-2,
BAGALKOTE.
11. SMT.N.GEETHA,
MAJOR,
SUPERINTENDENT,
HEAD OFFICE,
BENGALURU-560 001.
12. SMT. N. VIJAYALAKSHMI
MAJOR,
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RP No. 746 of 2022
ACCOUNTANT GRADE-2
NOW ACCOUNTANT GRADE-1,
APMC, CHIKKABALLAPURA.
13. SMT. GEETHA BHAT
MAJOR,
FIRST DIVISION ASSISTANT
HEAD OFFICE,
NOW RETIRED(VRS)
BENGALURU-560 001.
14. SMT. PANKAJA
MAJOR,
FIRST DIVISION ASSISTANT,
NOW INTERNAL AUDITOR,
APMC,
BENGALURU-560 001.
15. SMT. H.P NETHRAVATHI
MAJOR,
FIRST DIVISION ASSISTANT,
NOW SENIOR AUDITOR HEAD
OFFICE,
BENGALURU-560 027.
16. SMT. S. VIJAYALAKSHMI
MAJOR,
FIRST DIVISION ASSISTANT
APMC,
BENGALURU-560 012.
17. SMT. VINUTHA
MAJOR,
ACCOUNTANT GRADE-2
NOW ACCOUNTANT GRADE-1
MANGALURU.
18. SMT. D.Y DIVYARANI
MAJOR,
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RP No. 746 of 2022
ACCOUNTANT GRADE 2,
NOW ACCOUNTANT GRADE-1,
FRUIT AND VEGETABLE(SPECIAL)
MARKET, BINNYPET,
BENGALURU.
19. SMT. P. SUMA
MAJOR,
FIRST DIVISION ASSISTANT DIRECTOR,
NOW SUPERINTENDENT EE OFFICE,
MYSURU-570 001.
20. SMT. SUDHA R BHANDI
MAJOR,
ACCOUNTANT GRADE-2,
NOW SUPERINTENDENT,
APMC, GADAG.
21. SMT. D. R. USHA,
MAJOR,
ACCOUNTANT GRADE-2,
NOW INTERNAL AUDITOR,
TUMKUR.
22. SMT. SAROJINI NAIDU
MAJOR,
ACCOUNTANT GRADE-2
ASSISTANT SECRETARY GRADE-2,
APMC,TALIKOTE.
23. SMT. B.H KRISHNAVENI
MAJOR,
FIRST DIVISION ASSISTANT,
NOW SUPERINTENDENT FRUIT AND
VEGETABLE(SPECIAL),
APMC,
BENGALURU-560 012.
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RP No. 746 of 2022
24. SRI. B. JAGADISH
MAJOR,
FIRST DIVISION ASSISTANT,
NOW SENIOR AUDITOR SPECIAL
AUDITOR MAIO,
MYSORE.
25. SMT. C.S. REKHA
MAJOR,
MARKETING SUPERVISOR,
NOW ACCOUNTS SUPERINTENDENT,
APMC,
MYSURU-570 001.
26. SMT. SUNANDA MARUTHI
NADUVINAMANI
MAJOR,
ACCOUNTANT GRADE-2,
NOW SUPERINTENDENT,
APMC, BELAGAVI-591 120.
27. SMT. V. JYOTHI,
MAJOR,
MARKET SUPERVISOR,
NOW SUPERINTENDENT,
APMC,MANDYA.
28. SMT. R. LATHAKUMARI
MAJOR,
FIRST DIVISION ASSISTANT,
NOW SENIOR AUDITOR,
NOW SPECIAL AUDITOR,
HEAD OFFICE,
BENGALURU-560 027.
29. SMT. B. SHASHIKALA
MAJOR,
FIRST DIVISION ASSISTANT,
NOW ACCOUNT SUPERINTENDENT,
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RP No. 746 of 2022
APMC,
YESHWANTPURA,
BENGALURU-560 001.
30. SRI. RAJA
MAJOR,
MARKET SUPERVISOR,
NOW SENIOR MARKET SUPERVISOR,
APMC,
YESHWANTPURA
BENGALURU-560 012.
...RESPONDENTS
(BY SMT. M.C. NAGASHREE, AGA FOR R1 AND R2,
R3, R7, R12 AND R22 ARE SERVED AND UNREPRESENTED)
THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 R/W
SECTION 151 OF CPC, PRAYING TO REVIEW THE ORDER DATED
18/07/2022 PASSED IN W.P.NO.3846/2021 BY ALLOWING THE
ABOVE REVIEW PETITION IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
G. NARENDAR. J., MADE THE FOLLOWING:
ORDER
Heard learned Senior Counsel Sri. Lakshminarayana V., for Smt. Hemalatha V., for the review petitioners and learned Addl. Government Advocate Smt. M.C. Nagashree for respondent Nos.1 and 2.
2. Learned Addl. Government Advocate would submit that in the order of promoting the respondents, it has been noted that they are promoted against the vacancies despite they having not worked. Said issue is a issue of fact which this Court -9- RP No. 746 of 2022 while disposing of the writ petition No.3846/2021(S-KSAT) dated 18.07.2022 has not entered upon and adjudicated. It is needless to say, that is the fact that was appreciated by the Tribunal.
In that view of the matter, we dispose of the review petition by reserving liberty to the petitioners to approach the Tribunal by way of a similar review petition.
Reserving such liberty, the review petition is disposed of.
Sd/-
JUDGE Sd/-
JUDGE MN List No.: 1 Sl No.: 8