Sri Ravi Prakash Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Ravi Prakash Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None; costs made easy.

Issue for consideration

Whether a civil servant placed in independent charge of a higher post for a long period acquires a right to promotion to that post with effect from the date he gained entry to it (retrospective promotion). +1 more

Court's answer

Ordinarily promotion is to be granted with retrospective effect, but it is subject to the condition that the placement in independent charge should be in a post that belongs to the quota to which the petitioners can lay a claim; this Court agrees with that view.

Ratio / Principle

When the vacancies in question belong to DR Quota & not PR Quota, the ordinary norm of retrospective promotion does not apply.

Key takeaways

No Rule or Ruling to the contrary was shown to the Court.ratio¶55

Detailed headnote1 paragraphs

Eight Deputy Range Forest Officers, who had been promoted with financial benefits w.e.f. 10/12/2021 in terms of Rule 42-B of KCS Rules, 1957 vide Office Order No.20/2022-23 dated 22/07/2022, challenged the Government Corrigendum dated 28.07.2022 before the Karnataka State Administrative Tribunal in Applications Nos.3492-3499/2023; the Tribunal negatived their challenge by order dated 27/11/2023 (Annexure-C). In a writ petition under Articles 226 and 227 of the Constitution of India, relying on Rule 2(3) of The Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Rules, 1978, the petitioners contended that long placement in independent charge of a higher post confers a right to promotion from the date of such entry. The High Court held that although promotion is ordinarily granted with retrospective effect, it is subject to the condition that the placement in independent charge be in a post belonging to the quota to which the claimant can lay a claim; where the vacancies belong to DR Quota and not PR Quota, the ordinary norm of retrospective promotion does not apply, and no Rule or Ruling to the contrary was shown. The petition was dismissed, costs made easy.

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NC: 2025:KHC:9542-DB WP No. 29307 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025 PRESENT

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

AND

THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 29307 OF 2023 (S-KSAT)

BETWEEN:

SRI. RAVI PRAKASH, S/O SRI. K.M. CHENNANNA, AGED ABOUT 51 YEARS, PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, PANJA RANGE, BALPA BRANCH, SULIA TALUK, MANGALORE DIVISION, D.K. DISTRICT - 574 232.

SRI. SHIVANAND ACHARYA, S/O NARAYANA ACHARYA, AGED ABOUT 41 YEARS, R/AT MURGORTTI HOUSE, NELYADI POST, KADABA TALUK, DAKSHINA KANNADA,

Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA

PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, PUTTUR RANGE, PUTTUR, MANGALORE DIVISION, D.K. DISTRICT - 574 201.

SRI. K. ANIL, S/O LATE RAGAV, AGED ABOUT 44 YEARS, PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O. RANGE FOREST OFFICER,

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BANTWAL RANGE, BANTWALA BRANCH, MANGALORE DIVISION,

D.K. DISTRICT - 574 219.

SRI. K.J.PRASAD, S/O SRI.K. JATTAPPA GOWDA, AGED ABOUT 44 YEARS, R/AT KUDUKULI HOUSE, KOLTHIGE VILLAGE, PERLAMPADI POST, PUTTUR TALUK. PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, PUTTUR RANGE, BELLARE BRANCH, MANGALORE DIVISION, D.K.DISTRICT - 574 201.

SRI. B.T. PRAKASH, S/O SRI. B. HUKRAPPA RAI, AGED ABOUT 44 YEARS, R/AT NO.1/2A, PRIYA NILAYA, SHANTHI DHAMA, NAITHADI, KURIYA GRAMA, PUTTUR TALUK, PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, PUTTUR RANGE, ANEGUNDI BRANCH, MANGALORE DIVISION, D.K.DISTRICT - 574 201.

SRI. K.R. ASHOK, S/O K. RAMAIAH GOWDA, AGED ABOUT 52 YEARS, PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, UPPINANGADI RANGE, KOKKADA BRANCH, MANGALORE DIVISION, D.K.DISTRICT - 574 241.

SRI .M. YATHINDRA KUMAR, S/O M.GANGADHAR GOWDA, AGED ABOUT 48 YEARS,

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R/AT FOREST QUARTERS, KALLERI, DHARMASTHALA, BELTHANGADI TALUK, PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, NERIYA BRANCH, BELTHANGADI RANGE, MANGALORE DIVISION, D.K. DISTRICT - 574 216.

SRI. M.D. RAVINDRA, S/O SRI. M.DUGGAPPA GOWDA, AGED ABOUT 51 YEARS, PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER, O/O RANGE FOREST OFFICER, SULLIA RANGE, NELLURU KEMRAJE BRANCH, SULLIA, MANGALORE DIVISION D.K. DISTRICT - 574 239.

…PETITIONERS

(BY SRI. PRASANNA V.R., ADVOCATE)

AND:

THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M S BUILDING, BENGALURU - 560 001.

THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, KARNATAKA STATE ARANYA BHAWAN, 18^TH CROSS, MALLESHWARAM, BANGALORE - 560 003.

THE CHIEF CONSERVATOR OF FORESTS, MANGALORE CIRCLE, D.K. DISTRICT, ARANYA BHAWAN, ALAPE PADEELU, MANGALORE, D.K. DISTRICT - 575 007.

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SRI.RAKESH, AGED ABOUT 34 YEARS, DEPUTY RANGE FOREST OFFICER, RANGE FOREST OFFICE, TERRITORIAL RANGE, BELTHANGADI, BELTHANGADI TALUK - 574 214.

SRI.RANJITH KUMAR S., AGED ABOUT 31 YEARS, DEPUTY RANGE FOREST OFFICER, RANGE FOREST OFFICE, WILDLIFE RANGE, BELTHANGADI, BELTHANGADI TALUK - 574 214. RESIDING AT FOREST QUARTERS, KAIKAMBA, NEAR AROGYA UPAKENDRA, NAVOOR VILLAGE AND POST, BELTHANGADI TALUK, DAKSHINA KANNADA - 574 214.

SRI.KRISHNA, AGED ABOUT 31 YEARS, DEPUTY RANGE FOREST OFFICER, RANGE FOREST OFFICE, TERRITORIAL RANGE, BANTWALA, BANTWALA TALUK - 574 219. RESIDING AT RANGE FOREST OFFICE QUARTERS, KURSUGUDDE ROAD, NEAR KSRTC BUST DEPOT, B.C.ROAD, BANTWALA - 574 219.

IRANNA MALLIKARJUN MORABAD, AGED ABOUT 28 YEARS, DEPUTY RANGE FOREST OFFICER, RANGE FOREST OFFICE, TERRITORIAL RANGE, MANGALURU, MANGALURU TALUK - 575 001. RESIDING AT ARAASU NAGAR, 1^ST CROSS, MADURU, KOTEDAR, ULLAL TALUK, DAKSHINA KANNADA - 575 022.

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NAVEEN B.N., AGED ABOUT 35 YEARS, DEPUTY RANGE FOREST OFFICER, RANGE FOREST OFFICE, TERRITORIAL RANGE HEBRI, TALUK - 576 112. RESIDING AT DEPUTY RANGE FOREST OFFICER, FOREST QUARTERS, H.NO.6-3D (19), OPPOSITE TO INDIAN OIL PETROL PUMP, PERDOOR POST - 576 124.

…RESPONDENTS

(BY SRI.VIKAS ROJIPURA, AGA FOR R1 TO R3; SRI.B.O.ANIL KUMAR, ADVOCATE FOR IMPLEADING R4 TO R8)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)WRIT OF CERTIORARI, QUASHING THE ORDER DATED 27/11/2023 IN APPLICATIONS NOS.3492-3499/2023 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, VIDE ANNEXURE - C; ii)WRIT OF CERTIORARI, QUASHING THE OFFICE ORDER NO.20/2022-23 DATED 22/07/2022 ISSUED BY THE 3RD RESPONDENT ONLY IN SO FAR AS FIXING THE ELIGIBILITY OF THE PETITIONERS FOR FINANCIAL BENEFITS W.E.F. 10/12/2021 BY PROMOTING THEM TO THE POST OF DEPUTY RANGE FOREST OFFICERS IN TERMS OF RULE 42-B OF KCS RULES, 1957 VIDE ANNEXURE - A21 AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and

HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

ORAL ORDER

(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

The Civil Servants are grieving against the order of the Karnataka State Administrative Tribunal dated

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NC: 2025:KHC:9542-DB WP No. 29307 of 2023

27.11.2023, whereby their challenge to the Government

Corrigendum dated 28.07.2022, has been negatived.

Learned counsel appearing for the petitioners vehemently argues that once a Civil Servant is placed in the independent charge of the higher post for a long period, he gets a right to get promotion to the said post with effect from the date he gained entry to the same. In support of that, he banks upon Rule 2(3) of The Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Rules, 1978.

Learned Additional Government Advocate

appearing for the State and learned counsel appearing for the private respondents vehemently opposes the petition contending that the legal position is well settled in this regard; ordinarily the promotion to be granted shall be with retrospective effect, is true. However, it is subject to

the condition that the placement in independent charge should be in a post that belongs to the quota to which the petitioners can lay a claim. We agree with this view. The

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NC: 2025:KHC:9542-DB WP No. 29307 of 2023

same view is reflected in the impugned order. In other words, when the vacancies in question belong to DR Quota & not PR Quota, the ordinary norm of retrospective promotion does not apply. We are not shown any Rule or Ruling to the contrary.

In the above circumstances, the petition being devoid of merits, is liable to be dismissed and accordingly it is.

Costs made easy.

Sd/(KRISHNA S DIXIT) JUDGE

Sd/(RAMACHANDRA D. HUDDAR) JUDGE

RD