Writ petition seeking time bound advancement and automatic promotion benefits with arrears was dismissed for default after the petitioner's counsel filed a memo stating she had taken back the case papers; the court inferred the petitioner was not interested in prosecuting the petition.
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NC: 2024:KHC:25770 WP No. 31123 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 31123 OF 2013 (S-RES)
BETWEEN:
UMADEVI W/O C.M. RAJASHEKARAIAH AGED 52 YEARS HEAD-WARDER, N.P. KENDRA, MAGADI ROAD, BANGALORE-91.
…PETITIONER
(BY SRI. H V BHANU PRAKASH.,ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. GOPALA KRISHNA SOODI., AGA FOR R1; R2 & R3 SERVED)
NC: 2024:KHC:25770 WP No. 31123 of 2013
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENT SET ASIDE THE ENDORSEMENT DATED 8.1.13 VIDE ANNXF TO THE WP ISSUED BY R3; DIRECT THE R3 TO CONSIDER THE DATED 4.5.2004 ON WHICH THE PETITIONER COMPLETED OF TEN YEARS OF SERVICE IN THE SAME POST IN SANCTIONING THE TIME BOUND ADVANCEMENT AND TO CONSIDER THE DATED 4.5.09 ON WHICH THE PETITIONER COMPLETED OF FIFTEEN YEARS OF SERVICE IN THE SAME POST AND TO SANCTION THE BENEFITS OF AUTOMATIC PROMOTION; DIRECT THE R3 TO RELEASE ALL THE ARREARS OF FINANCIAL BENEFITS TO THE PETITIONER IN PURSUANCE TO SANCTIONING OF TIME BOUND ADVANCEMENT AND AUTOMATIC GRANT OF PROMOTION RESPECTIVELY AS ON 4.5.04 AND 4.5.09.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner has filed
a memo dated 20.06.2024 which reads as under:
"The undersigned counsel for the petitioner above named submit that, the petitioner had taken the NOC vakalathnama along with the entire case paper long back
NC: 2024:KHC:25770 WP No. 31123 of 2013
and same has been intimated about the posting of the above case through phone call therefore under these circumstances, this Hon'ble Court may be pleased to permit the retired from the service in the interests of Justice."
If the petitioner has taken back the papers long time ago as is now stated without making further arrangements, this Court can only infer that the petitioner is not interested in prosecuting the petition, and as such, the petition stands dismissed for default.
Sd/JUDGE
AN/-
1 provisions across 1 enactments
UMADEVI W/O C.M. RAJASHEKARAIAH
PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF KARNATAKA
THE CHAIRMAN, CENTRAL RELIEF COMMITTEE, MAGADI ROAD, BANGALORE
THE SECRETARY, CENTRAL RELIEF COMMITTEE, MAGADI ROAD, BANGALORE
B M SHYAM PRASAD
As recorded by the court registry
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