Dismissed

k Annapurna v. the State of Karnataka

Karnataka HC29 May 2023WP/4317/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought promotion with 3% reservation for specially abled persons under the Disabilities Act, 2016. The court noted that reservation had already been provided via a Government Order dated 28.03.2023 and directed the petitioner to approach authorities under that order.

What did the court decide?

Petitioner directed to approach respondent authorities under Government Order dated 28.03.2023 for promotion.

k Annapurna Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 4317 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH

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WRIT PETITION NO.4317 OF 2022 (S-PRO)

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BETWEEN:

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K. ANNAPURNA, D/O LATE H. N. KRISHNAMURTHY, AGED ABOUT 42 YEARS, RESIDING AT NO.13/171, 5^TH CROSS, 17^TH MAIN ROAD, F F LAYOUT, LAGGERE, BENGALURU-560058.

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…PETITIONER

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(BY SMT. RASHMI M. RAO, ADVOCATE)

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AND:

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Digitally signed by ARUN KUMAR M S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR S VEEDHI BENGALURU-560001.

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT VIDHANA SOUDHA BENGALURU-560001.

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…RESPONDENTS

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(BY SRI. M. S. NAGARAJA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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WP No. 4317 of 2022

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DIRECT THE RESPONDENTS TO GIVE PROMOTION TO THE PETITIONER TO THE POST OF SENIOR ASSISTANT IN THE DEPARTMENT OF THE RESPONDENT NO.2 AND ALL CONSEQUENTIAL PROMOTIONS RETROSPECTIVELY FROM THE DATE OF HER ELIGIBILITY ALONG WITH ALL CONSEQUENTIAL SERVICES BENEFITS ARISING THEREFROM BY PROVIDING 3 PERCENT RESERVATION QUOTA TO THE ‘SPECIALLY ABLED PERSONS’ IN PROMOTION AS PER THE PROVISIONS OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 (CENTRAL ACT OF 49 OF 2016) AND THE LAW LAID DOWN BY THE HONBLE SUPREME COURT BY ISSUING A WRIT OF MANDAMUS.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard learned counsel appearing for the parties.

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In this writ petition, petitioner has sought for a direction to the respondents to consider the case of the petitioner for promotion retrospectively by providing reservation under "Specially Abled Persons" quota, in terms of the provisions contained under the Rights of Persons with Disabilities Act, 2016 (for short, ‘the Act’).

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Heard Smt. Rashmi M. Rao, learned counsel for the petitioner and Sri. M.S. Nagaraja, learned Additional Government Advocate appearing for the respondents.

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WP No. 4317 of 2022

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Smt. Rashmi M. Rao, learned counsel for the petitioner submitted that petitioner has approached the respondent - authorities seeking reservation under the aforementioned Act, however, same has not been considered.

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Per Contra, Sri. M.S. Nagaraja, learned Additional Government Advocate appearing for the respondents produced the Government Order dated 28.03.2023 wherein the respondent - Government passed Government Order providing reservation to persons with disabilities.

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In that view of the matter, I am of the view that no further orders are required to be passed in this writ petition. Petitioners are directed to approach the respondent - authorities in terms of the Government Order dated 28.03.2023 in which a provision has been made for promotion to specially abled persons.

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Writ petition stands disposed of.

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SD/JUDGE

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sac*

k Annapurna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

k Annapurna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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