CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

This intra Court appeal is filed by the appellant-party-in-

person challenging the order dated 28.06.2024 passed by the learned Single Judge in W.P.No.4719/2023, whereby the learned Single Judge dismissed the writ petition filed by the appellant.

2. The facts apposite for consideration as borne out from the pleadings are as under:

The appellant was appointed as a District Judge through direct recruitment along with seven other candidates on 24.03.2008. He is presently serving as a Member, Karnataka Appellate Tribunal, Bengaluru. It is his case that he is the senior most District Judge having put in continuous service of more than 14 years. His grievance is for the expunction of observations made in the note dated 14.11.2013 and for functional promotion as District Judge (selection grade and also super time scale). In terms of the Government Order dated 22.04.2006, he was only conferred with selection grade, however, super time scale was denied to him.

3. It is his further case that he submitted one more representation on 25.04.2019 seeking grant of super time scale. The Administrative Committee-I/Departmental Promotion Committee (DPC) has called for 5 judgments of 5 years of the appellant and after considering the said judgments and the overall performance of the appellant, the Committee took a view that the appellant does not deserve to be granted functional promotion as a District Judge (super time scale) as the quality of the judgments of the appellant was poor and therefore, denied the restoration of his seniority in the grade of District Judge (super time scale).

4. Aggrieved by the same, the appellant submitted a representation dated 11.02.2021 seeking to expunge the view taken by the DPC. However, the said representation was considered and rejected on 08.03.2021.

5. The appellant thereafter submitted second representation on 15.05.2021, which was also rejected by the DPC on 15.06.2021.

6. Aggrieved by the same, the appellant approached the Hon’ble Supreme Court by filing a Miscellaneous Application in No.1088/2021 in W.P.(Civil) Diary No.11109/2020. The Hon’ble Supreme Court while disposing of said writ petition reserved the liberty to the appellant to approach the DPC for the relief of reconsideration of his case for functional promotion as District Judge (super time scale).

7. Pursuant to the same, the appellant submitted third representation dated 03.09.2021. The DPC again rejected the appellant’s representation on 23.11.2021 on the ground that no fresh grounds were made out. Thereafter, he submitted fourth representation on 15.12.2021 to review the resolution and expunge the view taken by the committee or to treat the said observation as advisory in nature and to grant justice. The committee passed a fourth resolution on 16.06.2022 by rejecting the representation on the ground that no reasons were assigned compelling the committee to review its earlier decisions. The appellant therefore submitted one more representation on 12.08.2022, which was also rejected vide resolution dated 22.11.2022. Again appellant's request submitted on 19.12.2022 seeking clarification was also dealt with by the Committee, and the same was also rejected on 10.01.2023.

8. Being aggrieved by the endorsement issued by respondent No.1, the appellant has filed the writ petition questioning the original decision dated 22.10.2019 passed by the DPC and also sought quashing of subsequent resolutions dated 23.11.2021, 16.06.2022 and 22.11.2022. A mandamus was also sought in the said petition against respondent No.1 to grant benefit of financial upgradation i.e., super time scale promotion from selection grade promotion by assessing suitability/merit.

9. The learned Single Judge, after considering the grievance of the appellant elaborately, has dismissed the writ petition. Hence, challenging the said order of the learned Single Judge, the appellant is in this appeal.

10. We have heard Sri. Master RKGMM Mahaswam