Case Note & Summary
The petitioner, Venkate Gowda, an Assistant Engineer working in the office of the Assistant Director, Town Planning, Bruhat Bangalore Mahanagara Palike, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the common order dated 19.12.2008 passed by the Karnataka Administrative Tribunal in Application No.1370/2008 and connected applications. The petitioner sought to quash the Tribunal's order insofar as it concerned him. The matter had been previously decided by this Court on 15.12.2010 along with a group of matters, but the operative portion of that order inadvertently omitted to mention the present writ petition. Therefore, the present petition was taken up for final hearing. The respondents included the State of Karnataka, the Karnataka State Public Service Commission, and several other Assistant Engineers. The petitioner argued that he was entitled to seniority over the respondents, but the Tribunal had dismissed his application. The High Court, after hearing the parties, found that the petitioner had not made out any case for interference. The Court held that the Tribunal's order was just and proper and that the petitioner had failed to establish any legal right to seniority. Consequently, the writ petition was dismissed.
Headnote
A) Service Law - Seniority - Appointment - The petitioner, an Assistant Engineer, challenged the order of the Karnataka Administrative Tribunal which dismissed his application seeking seniority over respondents appointed earlier. The High Court held that the petitioner failed to establish any legal right to seniority and that the Tribunal's order was just and proper. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to seniority over the respondents who were appointed earlier, and whether the Karnataka Administrative Tribunal's order was correct.
Final Decision
The writ petition is dismissed. The order of the Karnataka Administrative Tribunal dated 19.12.2008 is upheld.
Law Points
- Service Law
- Seniority
- Appointment
- Karnataka Administrative Tribunal
- Writ Jurisdiction
Case Details
2016 LawText (KAR) (03) 17
Writ Petition No.23682/2009 (S-KAT)
Jayant Patel, B.V. Nagarathna
S.V. Narasimhan (for petitioner), H.T. Narendra Prasad (for R1), Reuben Jacob (for R2), S.G. Pandit (for R3, R6 & R7)
State of Karnataka, Karnataka State Public Service Commission, B.N. Keshava Prasad, K.K. Raghupathi, Gokuldas, Eshwarappa, G.C. Jagadeesha, H.M.T. Swamy
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka Administrative Tribunal.
Remedy Sought
Quashing of the common order dated 19.12.2008 passed by the Karnataka Administrative Tribunal in Application No.1370/2008 and connected applications insofar as it concerns the petitioner.
Filing Reason
The petitioner was aggrieved by the Tribunal's order dismissing his application seeking seniority over the respondents.
Previous Decisions
The matter was previously decided by this Court on 15.12.2010 along with other writ petitions, but the operative portion inadvertently omitted to mention this petition.
Issues
Whether the petitioner is entitled to seniority over the respondents who were appointed earlier?
Whether the Karnataka Administrative Tribunal's order was correct?
Submissions/Arguments
The petitioner argued that he was entitled to seniority over the respondents.
The respondents opposed the petition, supporting the Tribunal's order.
Ratio Decidendi
The petitioner failed to establish any legal right to seniority over the respondents who were appointed earlier. The Tribunal's order was just and proper and did not warrant interference.
Judgment Excerpts
In view of the finding recorded by us on the question of seniority, the petitioner has not made out any case for interference.
The order of the Tribunal is just and proper.
Procedural History
The petitioner filed Application No.1370/2008 before the Karnataka Administrative Tribunal, which was dismissed on 19.12.2008. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India. The matter was initially decided on 15.12.2010 along with other petitions, but due to an omission, the present petition was taken up for final hearing on 16.03.2016.
Acts & Sections
- Constitution of India: Articles 226, 227
