Disposed

Bande Nawaj v. the Director General

Karnataka HC11 Aug 2022WP/15876/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging promotion rules and the timing of a written examination. The court directed that any examination held would be subject to the pending CAT appeal and urged the CAT to expedite the main matter.

What did the court decide?

Directed that if petitioners choose to write the examination, it shall be subject to the outcome of the writ petition; disposed of the petition pending CAT

Bande Nawaj Vs the Director General — Service and Employment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2022

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PRESENT

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THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

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AND

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THE HON’BLE MRS.JUSTICE M.G.UMA

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WRIT PETITION NO.15876 OF 2022 (S-CAT)

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BETWEEN :

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BANDE NAWAJ, S/O SAMIDSAB, AGED 34 YEARS, WOKRING AS MTS (NURSERY ATTENDANT), OFFICE OF INSTITUTE OF WOOD SCIENCE AND TECHNOLOGY, MALLESHWARAM, BENGALURU – 560 003.

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VENKATESHMURTHY V.G., S/O GOVINDARAJU V.G., AGED 36 YEARS, WOKRING AS MTS (NURSERY ATTENDANT), OFFICE OF INSTITUTE OF WOOD SCIENCE AND TECHNOLOGY, MALLESHWARAM, BENGALURU – 560 003.

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ANIL KUMAR, S/O PANDAPPA, AGED 37 YEARS, WOKRING AS MTS

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(NURSERY ATTENDANT), OFFICE OF INSTITUTE OF WOOD SCIENCE AND TECHNOLOGY, MALLESHWARAM, BENGALURU – 560 003.

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…PETITIONERS

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(BY SHRI.A.G.SHIVANNA, SENIOR ADVOCATE FOR SHRI.RAJAKUMAR M., ADVOCATE)

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AND :

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THE DIRECTOR GENERAL, INDIAN COUNCIL OF FOREST RESEARCH AND EDUCATION, PO NEW FOREST, DEHRA DUN – 248 006.

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THE DIRECTOR, INSTITUTE OF WOOD SCIENCE AND TECHNOLOGY, MALLESHWARAM, BENGALURU – 560 003.

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THE SECRETARY, GOVERNEMNT OF INDIA, MINISTRY OF ENVIRONMENT AND FORESTS, INDHIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI – 110 003.

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…RESPONDENTS

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(BY SHRI.H.MALLANGOUDA, CGC FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 14/07/2022 VIDE NO.1-10/2019-

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20/IWST/AT ANNEXURE - A7 IN OA AND OFFICE MEMORANDUM VIDE NO.63-19/2020-ICRFE DATED 29/07/2022 AT ANNEXURE-C AND REVISED CIRCULAR VIDE NO.1-10/2019-20/IWST/1268 DATED 05/08/2022 AT ANNEXURE-D AND FURTHER DIRECT THE 2ND RESPONDENT TO PROMOTE THE PETITIONERS AS PER PROMOTION GIVEN TO SIMILARLY SITUATED CANDIDATES WHO ARE PROMOTED UNDER EXISTING TECHNICAL SERVICE RULES 2013.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, P.S. DINESH KUMAR J , MADE THE FOLLOWING:-

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O R D E R

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Heard Shri.A.G.Shivanna, learned Senior advocate for the petitioners and Shri.H.Mallangouda, CGC for respondent No.3.

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Petitioners' case is, contrary to the Rules, respondents are holding written examination to consider the petitioners' cases for promotion. The examination is scheduled tomorrow. They are seeking interim direction not to hold the examination.

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The prayer for interim order is opposed by Shri.H.Mallangoud, CGC for respondent No.3.

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In the facts and circumstances of the case, we direct that if petitioners choose to write the ensuing examination, the same shall be subject to the outcome of this writ petition.

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Learned Senior advocate for the petitioners submits that nothing further survives in this petition since the main matter is pending before the CAT.

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In our view, disposal of the main matter by the CAT is appropriate. Accordingly, we request the CAT to expedite the matter.

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Accordingly, petition stands disposed of .

No costs.

Sd/JUDGE

Sd/JUDGE

MH/-

Bande Nawaj v. the Director General

Case brief

What is this about?

What did the court decide?

Bande Nawaj v. the Director General

Case brief

What is this about?

What did the court decide?

What the court decided

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