Case Note & Summary
The petitioner, Sri Ashwith Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging a notification dated 16.09.2022 issued by the Chief Executive Officer, D K Zilla Panchayat (respondent 2), insofar as it related to the post of Clerk-cum-Data Entry Operator at the Meramajalu Grama Panchayat (respondent 3). The petitioner sought quashing of the notification. During the pendency of the petition, the court had passed an interim order on 28.09.2022. Subsequently, the third respondent, by a resolution dated 19.09.2024, recommended the petitioner's case for promotion from attendant to Clerk-cum-Data Entry Operator. In light of this development, the petitioner's counsel filed a memo seeking withdrawal of the petition. The court noted the memo and, after considering the submission, allowed the withdrawal and dismissed the petition as withdrawn. The court did not adjudicate on the merits of the case, as the matter was rendered infructuous by the subsequent recommendation for promotion.
Headnote
A) Service Law - Promotion - Withdrawal of Petition - Petitioner challenged notification for promotion to Clerk-cum-Data Entry Operator - After interim order, respondent recommended petitioner for promotion - Petitioner sought withdrawal of petition - Held that petition is dismissed as withdrawn in view of subsequent development (Paras 1-2).
Issue of Consideration
Whether the writ petition challenging a notification for promotion should be allowed to be withdrawn after the respondent recommended the petitioner for promotion.
Final Decision
The writ petition is dismissed as withdrawn in view of the subsequent development.
Law Points
- Withdrawal of petition
- subsequent development
- promotion recommendation
Case Details
2024 LawText (KAR) (11) 90
WP No. 19500 of 2022 (S-RES)
K Ravishankar (for petitioner), Sharanjith Shetty (for R2), Venkatesh Somareddi (for R3), S Tavaresh Naik (AGA for R1)
The State of Karnataka, The Chief Executive Officer D K Zilla Panchayat, The Meramajalu Grama Panchayat
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Nature of Litigation
Writ petition challenging a notification for promotion to the post of Clerk-cum-Data Entry Operator.
Remedy Sought
Quashing of the impugned notification dated 16.09.2022 issued by respondent 2.
Filing Reason
The petitioner challenged the notification as it related to the post of Clerk-cum-Data Entry Operator at the Meramajalu Grama Panchayat.
Previous Decisions
An interim order was passed on 28.09.2022. Subsequently, respondent 3 recommended the petitioner for promotion by resolution dated 19.09.2024.
Issues
Whether the writ petition should be allowed to be withdrawn in view of subsequent development?
Submissions/Arguments
Petitioner's counsel filed a memo stating that after the interim order, respondent 3 recommended the petitioner for promotion, and therefore the petitioner seeks to withdraw the petition.
Ratio Decidendi
A writ petition may be dismissed as withdrawn if subsequent developments render the petition infructuous or the petitioner no longer wishes to pursue it.
Judgment Excerpts
The Learned counsel for the petitioner has filed a memo seeking for withdrawal of the petition which reads as follows: ...
However, the Registry has raised ...
Procedural History
The petitioner filed WP No. 19500 of 2022 on an unspecified date. An interim order was passed on 28.09.2022. On 19.09.2024, respondent 3 recommended the petitioner for promotion. The petitioner then filed a memo seeking withdrawal. The court allowed the withdrawal and dismissed the petition on 14.11.2024.
Acts & Sections
- Constitution of India: Articles 226, 227
