Karnataka High Court
Dr Somashekar vs The State Of Karnataka on 23 June, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 7667 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE T.M.NADAF
WRIT PETITION NO. 7667 OF 2021 (S-KSAT)
BETWEEN:
DR. SOMASHEKAR
S/O NANJUNDAPPA
AGED ABOUT 48 YEARS,
SENIOR SCIENTIFIC OFFICER,
REGIONAL FORENSIC
SCIENCE LABORATORY
KTA CAMPUS MYSORE-19.
...PETITIONER
(BY SRI. BABU RAO M., ADV.)
AND:
Digitally signed
by 1. THE STATE OF KARNATAKA
MARIGANGAIAH REP. BY THE PRINCIPAL SECRETARY
PREMAKUMARI TO GOVERNMENT,
Location: HIGH DEPARTMENT OF HOME
COURT OF
KARNATAKA ROOM NO.222,
VIDHANA SOUDHA,
BANGALORE-01.
2. THE DIRECTOR GENERAL AND INSPECTOR
GENERAL OF POLICE,
POLICE HEADQUARTERS,
NRUPATHUNGA ROAD,
BANGALORE-01.
3. THE DIRECTOR GENERAL OF POLICE
CID, TRAINING,
SPECIAL UNIT AND ECONOMIC OFFENCES,
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CARLTON HOUSE,
PALACE ROAD,
BANGALORE-01.
4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE
CRIME AND TECHNICAL SERVICES,
POLICE HEADQUARTERS,
NRUPATHUNGA ROAD,
BANGALORE-01.
5. THE DIRECTOR,
FORESNSIC SCIENCE LABORATORY
MADIWALA,
BANGALORE-560 068.
6. DR.GUNDAMMA PATIL
W/O NEELANA GOUDA
AGED ABOUT 48 YEARS,
O/O SCIENTIFIC OFFICER TOXICOLOGY
FORENSIC SCIENCE LABORATORY
MADIWALA,
BANGALORE-560068.
7. DR. VINOD J LAKKAPPAN
S/O JANARDHAN LAKKAPPAN
AGED ABOUT 48 YEARS,
O/O SCIENTIFIC OFFICE TOXICOLOGY
FORENSIC SCIENCE LABORATORY
MADIWALA,
BANGALORE-560 068.
8. SMT. KRITHIKA.N
D/O NANJUNDSWAMY
AGED ABOUT 42 YEARS,
O/O SCIENTIFIC OFFICER TOXICOLOGY
REGIONAL FORENSIC
SCIENCE LABORATORY
KPA CAMPUS, JALAPURI
MYSORE-19.
9. SMT.SAVITHA.S
W/O CHANDABABU
AGED ABOUT 44 YEARS,
O/O SCIENTIFIC OFFICER TOXICOLOGY
FORENSIC SCIENCE LABORATORY
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MADIWALA,
BANGALORE-560068.
10. SMT. BHARGAVI M.S.
W/O NAGARAJA P.M
AGED ABOUT 43 YEARS,
O/O SCIENTIFIC OFFICER
REGIONAL FORENSIC
SCIENCE LABORATORY
DOODABATHI,
DAVANAGERE
DAVANAGERE DISTRICT-577 66.
11. NAGARAJU P.M.
S/O MAHADEVAPPA P.M.
AGED ABOUT 44 YEARS,
O/O SCIENTIFIC OFFICER
REGIONAL FORENSIC
SCIENCE LABORATORY
DOODABATHI,
DAVANAGERE
DAVANAGERE DISTRICT-577 66.
...RESPONDENTS
(BY SRI. S.R. KHAMRAZ KHAN, AGA FOR R1 TO R5)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER
DATED 28.07.2020 IN APPLICATION NO-3617/2017 ON THE FILE OF
KSAT PASSED BY THE KSAT AS PER ANNEXURE-A IN SO FAR AS NOT
CONSIDERING THE B PRAYER I.E., PROMOTION FROM 04.02.2009
ONLY IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE MR JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court questioning the correctness or otherwise of the order dated 28.07.2020 in Application No.3617/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, 'Tribunal'), whereunder the petitioner is granted the following relief:
"The application is allowed with a direction to the concerned official respondents to rectify the selection list/gradation list as per Annexure-A14 and to consider the claim of the applicant for promotion as Scientific Officer (presently re- designated as Senior Scientific Officer) from the date of his juniors who are promoted, in accordance with rules and to pass appropriate orders in this regard within a period of four months from the date of receipt of a certified copy of this order."
2. Heard learned counsel Sri.Babu Rao.M., for petitioner and learned Additional Government Advocate Sri.Khamroz Khan for respondent Nos.1 to 5. Perused the entire writ petition papers.
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3. The grievance of the petitioner is that, the Tribunal has failed to grant the alternate prayer as sought in the application.
4. On hearing the learned counsel for the petitioner and on going through the entire writ petition papers, we are not inclined to accept the submission of the learned counsel for the petitioner.
5. A perusal of the relief granted by the Tribunal makes it abundantly clear that the official respondents have to first rectify the selection list/gradation list as per Annexure-A14 and to consider the claim of the petitioner for promotion as Scientific Officer from the date of his juniors who are promoted in accordance with rules and to pass appropriate orders in that regard.
6. The petitioner's contention that on completion of five years, the petitioner would be entitled for promotion as granted to his juniors cannot be accepted at -6- NC: 2025:KHC:21633-DB WP No. 7667 of 2021 HC-KAR this stage. Only after preparation of the seniority list and when he is promoted as directed by the Tribunal from the date of his juniors promotion, the cause of action would arise for the petitioner to seek appropriate relief.
7. With the above, writ petition stands disposed of.
Sd/-
(S.G.PANDIT) JUDGE Sd/-
(T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 1