THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS DATED 16.07.2019 VIDE ANNEXURE-F, 16.02.2020 VIDE ANNEXURE-F1, 16.05.2020 VIDE ANNEXURE- F2, 28.01.2021 VIDE ANNEXURE-F3, 08.02.2021 VIDE ANNEXURE-F4, 28.01.2022 VIDE ANNEXURE-F5, 20.02.2022 VIDE ANNEXURE-F6, 14.07.2022 VIDE ANNEXURE-F7, 14.11.2022 VIDE ANNEXURE-F8, 24.12.2022 VIDE ANNEXURE- F9, 30.01.2023 VIDE ANNEXURE-F10 AND 27.03.2023 VIDE ANNEXURE-F11 MADE BY THE PETITIONER, AND B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO PROVIDE PROMOTION BY MERGING THE POST OF THE PETITIONER FROM THE POST OF SENIOR HEALTH INSPECTOR TO THE POST OF KMAS CHIEF OFFICER, GRADE-II FROM 01.07.2019 AND TO THE POST OF KMAS CHIEF OFFICER, GRADE-I FROM THE DATE IT FELL DUE AND TO PROVIDE ALL CONSEQUENTLY SERVICE BENEFITS FROM 01.07.2019 TILL THE SAME IS PAID TO THE PETITIONER, ALONG WITH INTEREST @24% P.A. AND C) ISSUE, SUCH OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

The captioned Writ Petition is filed seeking following reliefs:

a) Issue a Writ in the nature of Mandamus directing the respondent authorities to consider the representations dated 16.07.2019 vide Annexure-F, 16.02.2020 vide Annexure-F1, 16.05.2020 vide Annexure-F2, 28.01.2021 vide Annexure-F3, 08.02.2021 vide Annexure-F4, 28.01.2022 vide Annexure-F5, 20.02.2022 vide Annexure-F6, 14.07.2022 vide Annexure-F7, 14.11.2022 vide Annexure-F8, 24.12.2022 vide Annexure-F9, 30.01.2023 vide Annexure-F10 and 27.03.2023 vide Annexure-F13 made by the petitioner and

b) Issue a writ in the nature of Mandamus directing the respondent authorities to provide promotion by merging the post of the petitioner from the post of Senior Health Inspector to the post of KMAS Chief Officer, Grade-II from 01.07.2019 and to the post of KMAS Chief Officer, Grade-I from the date it fell due and to provide all consequently service benefits from 01.07.2019 till the same is paid to the petitioner, along with interest @ 24% p.a., and

c) Issue, such other writ, order or direction as this Hon’ble Court deems fit in the circumstances of the case.

2. Facts germane to file the present Writ Petition are as under:

2.1 The petitioner joined the services with the Municipal Department on 30.11.2000 as Second Division Assistant. Thereafter, he was promoted as Senior Health Inspector on 22.09.2011. He was working as Senior Health Inspector at Kushtagi Town Municipal Council.

2.2 Respondent No.3 in the year 2016, prepared Seniority List of the persons who were working as Senior Health Inspectors and eligible to be promoted to the post of KMAS Chief Officer, Grade-II. The name of the petitioner finds place at Sl.No.07 in the said list and his seniority is at Sl.No.235.

2.3 Though the service records of the petitioner has been sent from the office of the TMC, Kushtagi along with proposal to respondent No.3 to consider petitioner’s name for the said merger/ promotion, the said proposal as well as request of the petitioner was not considered by the respondents.

2.4 Respondent No.3 published the Notification/ Circular by publishing the Provisional Seniority List as on 2019, wherein the name of the petitioner found at Sl.No.235. In the proposal sent on 15.09.2018, the name of the petitioner was shown at Sl.No.14. However, the petitioner was not accorded promotion, but his juniors who were at Sl.No.237 to 250 were merged in the said post. No reasons have been stated by the respondent Authorities with respect to non-consideration of the case of the petitioner for promotion or denial.

2.5 Thereafter, several representations came to be filed by the petitioner to consider his per