Karnataka High Court
Sri Vijayakumar Neelappa Torgal vs The Union Of India on 21 January, 2014
Bench: S.Abdul Nazeer, H.S.Kempanna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21ST DAY OF JANUARY 2014
PRESENT
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
AND
THE HON'BLE MR.JUSTICE H.S.KEMPANNA
WRIT PETITION NO.2873 OF 2014 (S-CAT)
BETWEEN:
SRI VIJAYAKUMAR NEELAPPA TORGAL
S/O. LATE NEELAPPA TORGAL
AGED ABOUT 57 YEARS
KAS (SUPERTIME SCALE)
PRESENTLY WORKING AS
ADDITIONAL SECRETARY (PROTOCOL)
DEPARTMENT OF PERSONNEL AND ADMINISTRATION
REFORMS
VIDHANA SOUDHA
BANGALORE - 560 001
.... PETITIONER
(BY SRI M.S.BHAGWAT, ADV.)
AND:
1. THE UNION OF INDIA
MINISTRY OF PERSONNEL P.G & PENSIONS
REPRESENTED BY ITS SECRETARY
NEW DELHI - 110 001
2. THE UNION OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
REPRESENTED BY ITS SECRETARY
NEW DELHI - 110 001
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3. UNION PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
DHOLPUR HOUSE, NEW DELHI - 110 069
4. THE STATE OF KARNATAKA
DEPARTMENT OF PERSONNEL & ADMINISTRATIVE
REFORMS
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001
... RESPONDENTS.
(BY SMT. S. SUSHEELA, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS FROM THE RESPONDENTS AND SET ASIDE
THE IMPUGNED ORDER DT.07.01.2014 PASSED IN
APPLICATION NO.31/2014 (ANNX-A TO THE W.P.) BY THE
HON'BLE C.A.T. & CONSEQUENTLY ALLOW THE
APPLICATION NO.31/2014 PRESENTED BEFORE THE
HON'BLE C.A.T AS PRAYED FOR (ANNX-B TO THE W.P.)
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, S.ABDUL NAZEER. J., PASSED THE
FOLLOWING:
ORDER
The petitioner had joined the services of Government of Karnataka as a Lecturer in Government college on 12.08.1982. He was promoted to the post of Karnataka 3 Administrative Services ( Junior scale) on 17.03.1997, and thereafter promoted to the post of Karnataka Administrative Services (Senior scale) on 28.06.2005. He was further promoted to the post of Karnataka Administrative services (Super time scale) on 31.03.2013 and selection grade officer. Presently he is working as Additional Secretary (Protocol), Department of Personnel and Administrative Reforms, Vidhana Soudha, Bangalore.
2. He filed O.A.No.31/2014 questioning the validity of Regulation 5(3) of "Indian Administrative Service (Appointment by promotion) Regulation, 1955". The Tribunal by its order at Annexure-A dated 07.01.2014, has dismissed the application by following the decision of the Division Bench of this Court in W.P.No.1803/2010 and connected matters disposed of on 24.12.0010. The petitioner has challenged the validity of the said order in this writ petition.
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3. We have heard the learned counsel for the parties.
4. It is not in dispute that the Division Bench of this Court in the above writ petition has upheld the validity of Regulation 5(3) of Indian Administrative Services (Appointment by promotion) Regulations, 1955. The said matter is now pending before the Hon'ble Supreme Court in Special Leave Petition (Civil) Nos.9750-9753/2011. Suffice it to say that the petitioner is also bound by the order which may be passed by the Hon'ble Supreme Court in the aforesaid SLP's. With these observations, writ petition is dismissed. No costs.
Sd/-
JUDGE Sd/-
JUDGE HJ*