A public employer cannot ignore a final court order regarding a cadre change on health grounds by citing departmental administrative inconvenience if the proposed change involves equivalent posts and the previous ruling established clear eligibility and justification.

WRIT PETITION NO. 6842 OF 2022 (S-RES)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION QUASHING THE IMPUGNED ENDORSEMENT NO.REG/LEARNED COUNSEL/PR/2021-22/189-I DATED 01.02.2022 PASSED BY THE R3 VIDE ANNEXURE-A AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“1) Call for records and issue a writ, order or direction in the nature of Certiorari quashing the impugned No.Reg/LEARNED COUNSEL/PR/2021-22/189-I dated 01.02.2022 passed by the third respondent vide Annexure-A;

2) Direct the third respondent to consider promoting the petitioner to the post of Assistant from 23.05.2011 in the Karnataka Veterinary, Animal & Fisheries Sciences University, in accordance with the directions passed by this Hon’ble High court of Karnataka at Bengaluru.

3) Issue such other writ, order of direction as this Hon’ble Court may deem fit in the facts and circumstances of the case to secure the ends of justice.”

2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2 and learned counsel for respondent Nos.3 and 4 and perused the material on record.

3. A perusal of the material on record will indicate that in the earlier round of litigation, petitioner approached this Court in W.P.No.319/2021, which was allowed and disposed of vide final order dated 13.07.2021 as hereunder:

“The petitioner in this writ petition seeks for the following prayers:

“1. call for records and issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23/10/2020 passed by the third respondent vide Annexure - A; ¸ÀÀASÉå: P ÀĸÀ. : P À¥ À¥À«Ä«« : ²æÃ.¥ Àæ¢Ã¥ï Dgï: ª ÀÈAzÀ §zÀ¯ÁªÀuÉ : 2020-21/2183

2. direct the third respondent to consider promoting the petitioner to the post of Assistant from 23/05/2011 in the Karnataka Veterinary, Animal & Fisheries Sciences University;

3. Issue such other writ, order of direction as this Hon’ble Court may deem fit in the facts and circumstances of the case to secure the ends of justice.”

2. Brief facts of the case leading to the filing of the petition as borne out from the pleadings are as follows: Father of the petitioner who was working as an Assistant Professor in the Karnataka Veterinary Animal & Fisheries Sciences University (hereinafter referred to as the ‘University’ for short) and after working for about 25 years died in harness. Petitioner was appointed on the death of his father on compassionate grounds on 12.05.1997 to the post of Messenger. Subsequent to his appointment, the graph of education of the petitioner went upwards by acquisition of higher qualification of Bachelor of Engineering and a Master’s Degree in English (M.AEnglish). On acquisition of such qualification, the petitioner gave plethora of representations seeking change of cadre to that of an Assistant or Senior Assistant since the petitioner was in the Ministerial line and wanted to come over to the Administrative line.

3. The result of the representations was placing the petitioner as Laboratory Assistant from that of Messenger and later, on his own accord granting of promotion to the post of Senior Laboratory Assistant. The petitioner is presently working in the cadre of Senior Laboratory Assistant.

4. Heard Sri.Sandesh.J.Chouta, learned Senior Counsel appearing for petitioner, Smt.M.C.Nagashree, learned Additional Government Advocate representing respondent Nos.1 and 2 - State and Sri.H.N.Shashidhara, learned counsel appearing for respondent Nos.3 and 4-University.

5. Learned Se