A KSRTC Assistant Accounts Officer sought promotion to Accounts Officer Class-I(Jr) against a claimed ST backlog vacancy. The court found no backlog post against the ST reserved point under the promotional quota, held the corporation's endorsement justified, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.1556 OF 2013 (S-KSRTC)
BETWEEN:
SRI. T.R. MANJUNATH, AGED ABOUT 37 YEARS S/O. RAMAPPA T, ASSISTANT ACCOUNTS OFFICER, K.S.R.T.C, CHIKMAGALUR DIVISION, CHIKMAGALUR - 577 101.
…PETITIONER
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
AND:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
ACCOUNTS OFFICER, K.S.R.T.C, CENTRAL OFFICES, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027.
…RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE FOR R1 & R2; SRI. J.D. KASHINATH, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 18.10.2011 ISSUED BY R-2 VIDE ANNEXURE-F TO THE WRIT PETITION UNDER THE FACTS & CIRCUMSTANCES OF THIS CASE AND ETC.
THIS WRIT PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Petitioner in this writ petition is seeking for the following prayers:
" WHEREFORE, the petitioner respectfully prays that this Hon'ble Court may be pleased to-
a) ISSUE a writ in the nature of certiorari quashing the impugned endorsement bearing No.KST/CO/EST/C4/1391/1822/11-12 dated 18.10.2011 issued by the 2nd Respondent vide Annexure F to the writ petition under the facts and circumstances of this case;
b) ISSUE a writ in the nature of mandamus directing the Respondents to reconsider the case
of the Petitioner for promotion to the posts of Accounts Officer Class-I(Jr) by operating the additional roster point which is reserved for Schedule Tribe backlog vacancy forthwith, under the facts and circumstances of this case and to extend all other consequential and monetary benefits with retrospective effect from the date on which the 3rd respondent has been promoted, under the facts and circumstances of this case; and
a) ISSUE any other appropriate writ, order or orders or direction as this Hon'ble Court may deems fit to grant, by considering the facts and circumstances of the case, in the interests of justice and equity."
NC: 2024:KHC:7718 WP No. 1556 of 2013
dated 04.07.2011 and that the endorsement issued by respondent No.2 that the backlog does not arise at all as per the government order dated 01.04.1992 is unsustainable in law.
for the petitioner and Smt H.R.Renuka, learned counsel for the respondent-Corporation and perused the material on record.
which was reserved for SC, ST candidate has been appointed in the year 1989 and to the ST post at roster Point No.2 non-reserved candidate was appointed and the endorsement issued on 09.07.2005 at Annexure-H is that, no backlog is available in first cycle in SC and ST category. There being no backlog post against the ST reserved post under the promotional quota, the claim of the petitioner to consider his case against ST roster point by treating the vacancy as a backlog would not arise.
NC: 2024:KHC:7718 WP No. 1556 of 2013
dismissed.
Sd/JUDGE
RAK List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the petitioner could claim promotion against an ST backlog vacancy when no backlog existed under the roster system.
1 provisions across 1 enactments
Sri. T.R. Manjunath
The Managing Director, K.S.R.T.C.
The General Manager (P), K.S.R.T.C.
Smt. P.S. Latha
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
