Smt. Ashalatha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt. Ashalatha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both writ petitions disposed of on the footing of the petitioner's Memo dated 18.03.2025: petitioner to be placed at the rock bottom of the Seniority List in the cadre of Assistant Engineers; official respondents to take a call on unnumbered paragraphs 2 & 3 of the Memo in their wisdom and within the framework of law within an outer limit of six weeks; costs made easy.

Issue for consideration

Whether the KSAT order dated 08.02.2024 in A.Nos.1396 & 1397/2023 (allowing the private respondents' applications, quashing GO dated 27.09.2022, fixing the eligibility date and awarding costs) should be set aside and the Tribunal applications dismissed — WP 7477/2024. +2 more

Ratio / Principle

The official respondents and the private respondents (who were the applicants before the Tribunal) do not join issue on the placement of the petitioner at the rock bottom of the Seniority List in the cadre of Assistant Engineers in the department; disposal proceeds on that agreed footing.

Key takeaways

The Court need not examine the content and effect of unnumbered paragraphs 2 & 3 of the petitioner's Memo; the call on that part is to be taken by the official respondents in their wisdom and within the framework of law, within an outer limit of six weeks.ratio¶64
With the above observations, both writ petitions are disposed of, costs having been made easy.ratio¶65

Detailed headnote1 paragraphs

High Court of Karnataka, Division Bench (Krishna S Dixit & Ramachandra D. Huddar, JJ.), oral order dated 19.03.2025 in WP No. 7477/2024 (S-KSAT) c/w WP No. 15461/2024 (S-KSAT), per Krishna S Dixit, J. Smt. Ashalatha, Assistant Executive Engineer (Rural Drinking Water & Sanitation Division, on deputation to KIADB), challenged before the Writ Court: (i) the KSAT, Bengaluru order dated 08.02.2024 in A.Nos.1396 & 1397/2023 allowing the applications of private respondents (Smt. Navyashree N.R. and Sri. Hariprasad M), quashing Government Order dated 27.09.2022, directing that the fourth respondent's date of eligibility in the department run only from her joining on the basis of OM dated 10-03-2021 (not earlier), and awarding costs of Rs.10,000/- each; and (ii) the Tribunal's order dated 29.05.2024 in O.A.No.1840/2024. During hearing the petitioner filed a Memo dated 18.03.2025 agreeing to placement at the rock bottom of the seniority list of Assistant Engineers in the new department, with her earlier permanent services to be reckoned for further promotions in accordance with law, noting that GO dated 03.01.2024 promoted her to Assistant Executive Engineer w.e.f. 17.06.2021 and that the Executive Engineer cadre strength is 33 with 31 already promoted. The official respondents (through the AGA) and the private respondents did not join issue on the rock-bottom placement but objected to the content and effect of unnumbered paragraphs 2 & 3 of the Memo; the Bench expressly declined to examine that part, leaving the call to the official respondents in their wisdom and within the framework of law within an outer limit of six weeks. Petitions disposed of; costs made easy.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 08.02.2024 of the Karnataka State Administrative Tribunal (KSAT), Bengaluru in A.Nos.1396 & 1397/2023, whereby the applications of the private respondents (Smt. Navyashree N.R. and Sri. Hariprasad M) were allowed, the Government Order dated 27.09.2022 was quashed, a direction was given that the fourth respondent's date of eligibility in the department run only from her joining on the basis of OM dated 10-03-2021 (not earlier than 10-03-2021), and costs of Rs.10,000/- each were awarded — challenged in WP 7477/2024. The companion petition WP 15461/2024 challenges the Tribunal's order dated 29.05.2024 in O.A.No.1840/2024 (captured under prior_proceedings).¶51
Karnataka State Administrative Tribunal (KSAT), Bengaluru · 08.02.2024
Prior proceeding
Government Order dated 27.09.2022, which the Tribunal quashed in the impugned order along with directions.¶51
Prior proceeding
Direction in the Tribunal's order: the fourth respondent's date of eligibility in the first respondent department to run only from the date of her joining on the basis of OM dated 10-03-2021, and in no circumstances earlier than 10-03-2021.¶52
Prior proceeding
Direction in the Tribunal's order: applicants entitled to costs of Rs.10,000/- each from the first respondent institution, payable within one month.¶53
Prior proceeding
Government order dated 03.01.2024 promoted the petitioner to the post of Assistant Executive Engineer with effect from 17.06.2021 (stated in petitioner's Memo).¶60
Prior proceeding
During hearing, learned Senior Advocate Sri. V. Lakshminarayana filed a Memo dated 18.03.2025 agreeing that his client be placed at the rock bottom of the Seniority List in the cadre of Assistant Engineers.¶54
Prior proceeding
Content of the Memo dated 18.03.2025: petitioner's name to be placed at the bottom of the Assistant Engineers' seniority list in the new department, with her earlier permanent services reckoned for further promotions in accordance with law.¶58
Prior proceeding
Submission in the Memo: cadre strength of Executive Engineer is 33 and 31 persons have already been promoted; petitioner seeks consideration for the remaining posts.¶59
Prior proceeding
Companion petition WP 15461/2024 prays for certiorari quashing the Tribunal's order dated 29.05.2024 in O.A.No.1840/2024.¶43