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2026 Supreme(Online)(Kar) 9007

THE HIGH COURT OF KARNATAKA
S.G.PANDIT AND K. V. ARAVIND
THE ZILLAPANCHAYATH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 9590/2024



Reserved on : 21.01.2026 Pronounced on : 11.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 9590 OF 2024 (S-KSAT)

BETWEEN:

1. THE ZILLAPANCHAYATH, MYSORE DISTRICT, MYOSRE 570 001, REP. BY ITS CHIEF EXECUTIVE OFFICER, …PETITIONER (BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE)

AND:

Digitally signed by VINUTHA B S

1. THE STATE OF KARNATAKA, Location:

High Court of REP. BY ITS SECRETARY, Karnataka DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, BANGALORE 560 001.

2. SRI. K.SOMASUNDAR, S/O LATE KRISHNABHAVI, AGED ABOUT 52 YEARS, GRAMA PANCHAYATH SECRETARY GR.II, SIDDAPURA GRAMA PANCHAYATH, K.R. NAGAR TALUK, MYSORE DISTRICT, R/O No.918, NARAYANA ASHRAMA ROAD, HINKAL, MYSORE 570 001.

…RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R1;

SRI RANGANATHA S JOIS, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 21.3.2023 OF THE TRIBUNAL OF BELGAUM IN APPLICATION No. 1938/2020 VIDE ANNEXURE-A AND TO SET ASIDE THE ORDER DATED 6.2.2024 PASSED BY THE PRINCIPAL BENCH BENGALURU IN CTA No. 570/2023 VIDE ANNEXURE-B ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, K.V. ARAVIND J., MADE THE FOLLOWING:- CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND C.A.V. ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

Heard Sri.Chandrakanth R. Goulay, learned counsel for the petitioner, Sri. V. Shivareddy, learned Additional Government Advocate for respondent No.1 and Sri. Ranganatha S. Jois, learned counsel for respondent No.2.

2. The unsuccessful applicant in Application No.1938/2020 has filed the present writ petition, impugning the order dated 21.03.2023 passed by the Karnataka State Administrative Tribunal, Belagavi (hereinafter referred to as “the Tribunal”).

2.1 The petitioner filed an application questioning the endorsement dated 14.08.2019 at Annexure-A7, whereby the request for promotion from Panchayath Secretary Grade-II to Panchayath Secretary Grade-I was rejected. The petitioner also sought a direction to the respondents to promote him as Panchayath Secretary Grade-I with effect from 07.05.2016 by operating the applicable quota.

3. The brief facts of the case are that the petitioner was appointed as Grama Panchayath Secretary Grade-II in the year 2010 in Coorg District. At his request, he was transferred to Mysore District by order dated 19.08.2014. Upon such transfer, he was placed at the bottom of the seniority list published as on 01.01.2016.

3.1 Promotion from Panchayath Secretary Grade-II to Panchayath Secretary Grade-I is governed by the Cadre and Recruitment Rules (C & R Rules), which prescribe a quota in the ratio of 3:2 between Panchayath Secretary Grade-II and Second Division Accounts Assistants. For promotion to Grade-I, the concerned official must have completed a minimum of five years of service in the cadre of Grade-II, or three years in the absence of eligible candidates with five years of service.

3.2 A Departmental Promotion Committee (DPC) was convened by the Chief Executive Officer, Zilla Panchayat, Mysore, on 07.05.2016, wherein 28 Second Division Accounts Assistants were promoted as Panchayath Secretary Grade-I without operating the prescribed quota.

3.3 After a lapse of three years, the petitioner submitted a representation questioning the non-operation of the quota system. The said representation was rejected by the Government on the ground that it was belated, having been submitted three years after the DPC, and also on the ground that no person senior to the petitioner had been promoted.

3.4 Aggrieved thereby, the petitioner approached the Tribunal seeking a direction to consider his promotion with effect from 07.05.2016. He also contended that his case ought to be considered on par with that of Sri Naveen, who was earlier a Gra

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