IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF DECEMBER, 2021

PRESENT

THE HON9BLE MRS.JUSTICE S.SUJATHA

AND

THE HON9BLE MR. JUSTICE S.VISHWAJITH SHETTY

W.P.No.8497/2021 (S 3 KSAT)

BETWEEN :

SMT.K.LALITHA

W/O T.C.RAJESH

AGED ABOUT 43 YEARS

RESIDING AT NO.59, CQAL LAYOUT,

SAHAKARANAGARA, BENGALURU-560092

PRESENTLY WORKING AS

STENOGRAPHER (INDEPENDENT CHARGE)

DEPARTMENT OF AGRICULTURAL

MARKETING. NO.16, 2^ND RAJBHAVAN ROAD,

BENGALURU-56001.

...PETITIONER

(BY SRI MANJUNATH PRASAD.H.N., ADV.)

AND :

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF CO-OPERATION,

M.S BUILDING, DR.AMBEDKAR VEEDHI

BENGALURU-560001.

2.

THE DIRECTOR OF

AGRICULTURAL MARKETING

NO.16, 2^ND RAJBHAVAN ROAD

P.B.No.5309, BENGALURU-560001.

3.

SMT GEETHA BHAT

FIRST DIVISION ASSISTANT,

- 2 -

DEPT. OF AGRICULTURAL MARKETING

NO.16, 2^ND RAJBHAVAN ROAD,

BENGALURU-560001.

&RESPONDENTS

(BY SRI B.RAJENDRA PRASAD, HCGP FOR R-1 & R-2;

R-3 3 SERVED.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING

THE IMPUGNED ORDER DATED 01.02.2021 IN A NO.5758/2017

PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL,

BENGALURU, A COPY OF WHICH IS PRODUCED AT ANNEXURE-

C, AND CONSEQUENTLY ALLOW A.NO.5758/2017 FILED BY

THE PETITIONER AS PRAYED FOR IN THE ENDS OF JUSTICE;

DIRECTING R2 TO PROMOTE THE APPLICANT CADRE OF TYPIST

TO THE CADRE OF FIRST DIVISION ASSISTANT WITH EFFECT

FROM 22.04.2008, THE DAY THE 3RD RESPONDENT WAS

PROMOTED WITH ALL CONSEQUENTIAL BENEFITS, IN THE

ENDS OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN 8B9 GROUP, THIS DAY, S. SUJATHA, J., MADE THE

FOLLOWING:

O R D E R

This writ petition is directed against the order

dated 01.02.2021 passed in Application No.5758/2017

by the Karnataka State Administrative Tribunal at

Bengaluru ['Tribunal' for short] inter alia seeking for a

direction to the second respondent to promote the

petitioner from the cadre of Typist to the cadre of First

Division Assistant [FDA] with effect from 22.04.2008.

- 3 -

2.

The petitioner approached the Tribunal

challenging the order dated 01.07[09].2017 passed by

the second respondent whereby the claim of the

petitioner for retrospective promotion to the post of FDA

was rejected. The Tribunal allowed the application in

part directing the respondents to consider the petitioner

for promotion as stenographer retrospectively, from the

date she was placed in independent charge under Rule

32 of Karnataka Civil Services Rules [KCSR] and further

holding

that

the

petitioner

is

entitled

for

all

consequential benefits.

3.

Learned counsel for the petitioner would

submit that while the petitioner joining the service in

the

Department

of

Agricultural

Marketing

on

29.05.2000 as Typist, Karnataka State Agricultural

Marketing Services [Amalgamation] Rules 1966 [C & R

Rules] were in force. The amended C&R Rules came into

effect from 24.04.2008. As per the amended Rules, the

- 4 -

petitioner opted for promotion as Stenographer and on

02.12.2011 the petitioner was placed under Rule 32 of

KCSR as Stenographer. Though the Government vide

letter dated 16.08.2012, considered the case of the

petitioner

and

others

and

directed

the

second

respondent to accord promotion to the petitioner as FDA

with

retrospective effect,

the

petitioner

was

not

promoted to the post of Stenographer. Officiating the

petitioner to the post of Stenographer under Rule 32 is

not

equivalent

to

according

promotion

to

such

cadre/post. Hence, her name did not find a place in the

seniority list of Typist.

4.

Learned counsel further submitted that the

third respondent who was at Sl.No.281 as against the

petitioner at Sl.No.280 was promoted to the cadre of

FDA on 22.04.2008. However, the claim of the petitioner

for promotion to the post of FDA was rejected by the

respondents o