Karnataka High Court
Shankramma vs The Principal District And Sessions ... on 10 December, 2024
Author: R.Devdas
Bench: R.Devdas
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NC: 2024:KHC-K:9498-DB
WA No. 200159 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE R.DEVDAS
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 200159 OF 2023 (S-RES)
BETWEEN:
SHANKRAMMA D/O SANGMESH BILEBHAVI
AGED: 33 YEARS,
OCC: SECOND DIVISION ASSISTANT
R/AT S.R COLONY,
BAGALKOT ROAD,
VIJAYAPURA - 586109.
Digitally signed by
BASALINGAPPA ...APPELLANT
SHIVARAJ
DHUTTARGAON (BY SRI. K RAVISHANKAR &
Location: HIGH
COURT OF SRI.VENKATESH .S, ADVOCATES)
KARNATAKA
AND:
1. THE PRINCIPAL DISTRICT & SESSIONS JUDGE
VIJAYAPURA - 586101.
2. THE CHIEF ADMINISTRATIVE OFFICER
DISTRICT COURT,
BAGALKOT ROAD,
VIJAYAPURA - 586109.
3. THE REGISTRAR GENERAL
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING,
BENGALURU - 560001.
...RESPONDENTS
(BY SRI. SACHIN M. MAHAJAN, ADV.)
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NC: 2024:KHC-K:9498-DB
WA No. 200159 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS
APPEAL AND CONSEQUENTLY SET-ASIDE THE ORDER DATED
05-07-2023 PASSED IN W.P.NO.202775/2022 PASSED BY THE
LEARNED SINGLE JUDGE AND ALLOW THE WRIT PETITION AS
PRAYED FOR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R.DEVDAS
AND
HON'BLE MR JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE R.DEVDAS)
1. As rightly put by the learned counsel for the respondent-Principal District and Sessions Judge, Vijayapura, here is a case where the petitioner is seeking reversion and asking this Court to pass an order de- promoting the petitioner from the post of Second Division Assistant to the post of Process Server. The appellant was promoted from the post of Process Server and appointed as a Second Division Assistant in the office of the Principal Senior Civil Judge, CJM, Vijayapura by the impugned order dated 26.11.2020. The writ petition was filed in the year 2022 with a prayer to quash Annexure-G which is a -3- NC: 2024:KHC-K:9498-DB WA No. 200159 of 2023 Notification bearing No.02/2022 dated 22.06.2022 issued by the Principal District and Sessions Judge, Vijayapura calling for online applications to fill up various posts including the post of Process Server. It was the contention of the petitioner that she has given a representation to the Principal District and Sessions Judge on 13.04.2022 with a request to revert the petitioner from the post of Second Division Assistant to the post of Process Server, since she was burdened with some familiar difficulties. The respondents contended before the learned Single Judge that there is no vacant post of Process Server in Vijayapura Unit and all the posts which were called for were filled up by direct recruitment. Consequently, the learned Single Judge proceeded to hold that the reason stated by the petitioner cannot be a ground to interfere with the impugned order passed by respondent No.1 and accordingly, rejected the writ petition.
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NC: 2024:KHC-K:9498-DB WA No. 200159 of 2023
2. Learned counsel for the appellant would vehemently contend while taking this Court through the original order of promotion and transfer dated 26.11.2020 that the order itself states that the promotion will be temporary, on officiation period of one year. It was also pointed out that the promotees have to pass the Computer Literacy Test as per the Karnataka Civil Services (Computer Literacy Services) Rules, 2012 within the prescribed period. It is contended that the appellant has not passed the Computer Literacy Test and therefore, it would be one more ground to revert the appellant.
3. During the course of these proceedings, we had called for information at the hands of the respondent No.1 and accordingly, a memo has today been filed by the learned counsel for respondents stating that the appellant has passed Registration, Accounts Higher and General Law-I, Departmental Examinations prescribed for the post of Second Division Assistant. It is also stated that the appellant is exempted from passing Kannada Language -5- NC: 2024:KHC-K:9498-DB WA No. 200159 of 2023 exam since she has passed SSLC by taking Kannada as First Language. Since the appellant has passed Accounts Higher examination, she is exempted from taking up the examination for Accounts Lower. Moreover, it is submitted that the application for recruitment for the post of Process Server was called for on 22.06.2022 and information was already placed before the learned Single Judge stating that all the posts which were called for in the said notification dated 22.06.2022 has been filled-up. Moreover, it is pointed out that in the representation given by the appellant, she has only stated that due to some unavoidable circumstances, she is not in a position to pull- on with the present post of Second Division Assistant, since she is burdened with some familiar difficulties. The appellant has not sought for transfer back to Sindagi. The learned counsel would therefore submit that, it is clear from the representation given by the appellant that she only wants to work in the post of Process Server which is in the lower cadre and she does not want to serve as Second Division Assistant.
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4. The learned counsel further submits that Rule 4-A of the Karnataka Civil Service (General Recruitment) Rules, 1977 which are admittedly applicable to the appellant, more particularly Clause 3, enables the Authority to consider such request and if such a request is made by a female government servant, such requests shall not ordinarily be refused.
5. Having heard the learned counsel for the appellant, learned counsel for the respondents and on perusing the material placed on record, we find that reliance was also sought to be placed on a decision of the learned Single Judge of the High Court of Allahabad in the case of Hausilal Vs. State of U.P. reported in 2023 SCC Online All 4047, wherein it was held that an employee has right to waive a promotion, and any restriction on this right must comply with the condition indicated in relevant judgments.
6. As rightly put by the learned counsel for the respondents, it is strange that the appellant who was -7- NC: 2024:KHC-K:9498-DB WA No. 200159 of 2023 promoted and transferred by order dated 26.11.2020, gave a representation on 13.04.2022 seeking reversion from the post of Second Division Assistant to the post of Process Server. The request made by the appellant was considered by the learned Principal District and Sessions Judge, Vijayapura and the said request was rejected by order dated 24.06.2022 at Annexure - H. The request was rejected on two grounds, that the appellant did not submit the request for forgoing promotion within a stipulated period of 15 days. The second ground was that there is no vacant post of Process Server in Vijayapura Unit. We also have to notice that the writ petition was filed after the recruitment Notification dated 22.06.2022 was issued by the respondent No.1, Principal District and Sessions Judge, Vijayapura, calling for online applications to fill up various posts including the post of Process Server. The prayer in the writ petition is to quash the said recruitment notification. We fail to see how the appellant can question the recruitment notification to fill up the post of Process Server. The appellant has been working as -8- NC: 2024:KHC-K:9498-DB WA No. 200159 of 2023 Second Division Assistant pursuant to the order dated 26.11.2020. Strange arguments are sought to be put forth before this Court that the appellant has not passed the Computer Literacy Test even in terms of the office order dated 26.11.2020 and therefore, the appellant should be reverted for not having passed the Computer Literacy Test.
7. In the considered opinion of this Court, it cannot get more absurd than the submission sought to be made on behalf of the appellant that she has not passed the Computer Literacy Test and therefore, she should be reverted. These were not grounds raised before the learned Principal District and Sessions Judge or before the learned Single Judge. We do not overemphasize the fact that if the appellant has not passed the requisite tests which are required to continue the appellant as Second Division Assistant, the law will take its own course and the appellant may then be reverted.
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8. We do not see any infirmity in the orders passed by the learned Principal District and Sessions Judge, Vijayapura, and the impugned order passed by the learned Single Judge.
9. Accordingly, the writ appeal stands dismissed.
Sd/-
(R.DEVDAS) JUDGE Sd/-
(G BASAVARAJA) JUDGE DHA,VNR List No.: 1 Sl No.: 2 CT: PS