THE HIGH COURT OF KARNATAKA
S.G.PANDIT AND K. V. ARAVIND
SMT K PUSHPAVATI – Appellant
Versus
SRI SUDHAKAR S B – Respondent
WP 7119/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2026 PRESENT THE HON'BLE MR. JUSTICE S. G. PANDIT AND THE HON'BLE MR. JUSTICE K.V.ARAVIND WRIT PETITION NO.7119/2023 (S-KSAT)
BETWEEN:
SMT. K PUSHPAVATI W/O B NAGARAJ, AGED ABOUT 43 YEARS, PRESENTLY WORKING AS INSPECTOR, OFFICE OF ASSISTANT CONTROLLER OF LEGAL METROLOGY, MAPANA BHAVAN, NO.1, ALI ASKAR ROAD, BENGALURU -560052.
...PETITIONER (BY SRI. M.S. RAJENDRA, ADV. FOR SRI VIVEK HOLLA, ADV.)
AND:
1. SRI SUDHAKAR S B S/O BYRAPPA S R, AGED ABOUT 47 YEARS, INSPECTOR LEGAL METROLOGY, LEGAL METROLOGY DEPARTMENT LEGAL METROLOGY INSPECTORS OFFICE, RAJAJINAGAR SUB DIVISION, NO.27, SUBHIKSHA, OPPOSITE BEST APARTMENT, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARINAGAR, BENGALURU -560098 R/AT 1810, PRAVANAM, 25TH CROSS, 35TH MAIN ROAD, C BLOCK, D GROUP LAYOUT, SRIGANDA KAVALU, NEAR AGASTHYA SCHOOL, BENGALURU- 560091. 2. THE SECRETARY FOOD AND CIVIL SUPPLIES, CONSUMER AFFAIRS AND DEPARTMENT OF LEGAL METROLOGY, GROUND FLLOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU- 560001.
3. THE CONTROLLER OF LEGAL METROLOGY MAPANA BHAVANA, NO.1, ALI ASGHAR ROAD, POST BOX NO.175, BENGALURU- 560052.
4. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY CIRCLE NO.4, NO.881/A, YASHODHARA BUILDING, I FLOOR, DR. MODI HOSPITAL ROAD, BASAVESHWARA NAGARA, BENGALURU- 560079.
…RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R2 TO R4 SRI RAGHAVENDRA JOIS, ADV. FOR C/R1 SRI SATISH K., ADV. FOR PROPOSED R5-R14 ON IA 1/25 FOR IMPLEADING)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 19.01.2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO. 100 OF 2020 (ANNEXURE-C) AND II) GRANT SUCH OTHER FURTHER RELIEFS AS ARE JUST.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 13.01.2026 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE K.V.ARAVIND
CAV ORDER
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
The petitioner is before this Court under Article
226 of the Constitution of India aggrieved by order dated 19.01.2023 in Application No.100/2020 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), allowing respondent Nos.1 and 2’s application questioning the office order dated 31.12.2019 (Annexure-A1), placing petitioner under additional charge of the post of Inspector of Legal Metrology.
2. Brief facts of the case are that, the petitioner was initially appointed as Second Division Assistant in the year 1987 in the department of Legal Metrology. Subsequently, the petitioner changed her cadre to the Manual Assistant in the year 1997. It is the case of the petitioner that the next promotional post of Manual Assistant is to the post/cadre of Inspectors of Weights and Measures. For promotion to the post of Inspector, one must have put in not less than five years of service in the cadre of Manual Assistant and must have passed SSLC or equivalent examination.
3. It is stated that the petitioner was qualified for consideration of her case for promotion to the cadre of Inspector. It is submitted that instead of promoting the petitioner to the cadre of Inspector, the petitioner was placed to work in the post of Inspector under office order dated 31.12.2019 passed by the third respondent and was posted to Indiranagar, in terms of Rule 68 of the KCSRs. Respondent Nos.1 and 2 initially questioned the said office order in public interest litigation before this Court in W.P.No.6109/2022 and this Court by order dated 10.10.2022 dismissed the said writ petition observing that public interest litigation is not maintainable. 4. Thereafter, respondent No.1 approached the Tribunal in Application No.100/2020 questioning the office order dated 31.12.2019 (Annexure-A1) placing the petitioner in the post of Inspector of Legal Metrology. The Tribunal under impugned order qu
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