Karnataka High Court
K Deepak vs State Of Karnataka on 5 May, 2021
Author: S R.Krishna Kamal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5th DAY OF MAY, 2021
PRESENT
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
WRIT APPEAL No.508 OF 2021 (S-PRO)
BETWEEN:
K. DEEPAK
S/O KRISHNA, AGED 38 YEARS,
ASSISTANT COURT OFFICER
THE HON'BLE HIGH COURT OF KARNATAKA,
PRINCIPAL BENCH, BENGALURU - 560 001.
... APPELLANT
(BY SMT. S.R. ANURADHA FOR
SRI. SRINIVASA C., ADVOCATES)
AND:
1. STATE OF KARNTAKA,
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE SERVICES,
ROOM NO. 246, 2ND FLOOR,
VIDHANA SOUDHA , BENGALURU - 560 001.
2. HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
REPRESENTED BY ITS REGISTRAR GENERAL.
...RESPONDENTS
(BY SRI. S. RAJASHEKAR, AGA FOR R-1,
SRI. S.S. NAGANAND, SENIOR COUNSEL FOR
SRI. S. SRI RANGA, ADVOCATE FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED: 22.04.2021 RENDERED BY THIS HON'BLE
COURT IN W.P. NO. 7780/2021 AND ETC.
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THIS APPEAL COMING ON FOR ORDERS THIS DAY,
S.R.KRISHNA KUMAR, J. DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal takes exception to the impugned order dated
22.04.2021 passed by the learned Single Judge adjourning
W.P.No.7780/2021 filed by the appellant from 22.04.2021 to
27.05.2021.
2. When this appeal was listed before this Court on
28.04.2021, the following order came to be passed:
"Heard the learned counsel for the appellant
and learned Senior Counsel for respondents.
Learned Senior Counsel would submit that
objections preferred by the appellant to the
provisional seniority list have been gone through
by the High Court Staff Committee and rejected
by a detailed consideration. Learned Senior
Counsel prays time to place it on record.
Learned counsel for the appellant would
submit that in the interregnum, learned Single
Judge of High Court of Karnataka, Dharwad
Bench in W.P.No.101554/2021 by an interim
order dated 15.04.2021 has been pleased to
observe that any promotions are subject to the
result of the writ petition.
It is needless to state that any action done
during the pendency of the writ petition would,
certainly be subject to the final outcome in the writ
petition.
Be that as it may, to afford an opportunity to
the respondents to place the Committee's
recommendation before this Court, list on
05.05.2021."
3. After having heard Smt.S.R.Anuradha, learned
counsel for the appellant and Sri.S.S.Naganand, learned
Senior Counsel for respondent No.2 and learned AGA for
respondent No.1, we are of the opinion that having regard to
the fact that I.A.No.2 filed by the appellant in
W.P.No.7780/2021 is still pending consideration before the
learned Single Judge and the writ petition stands posted on
27.05.2021, without expressing any opinion on the merits / de-
merits of the rival contentions, we deem it just and appropriate
to dispose of this appeal reserving liberty in favour of the
appellant and respondents to urge all their contentions on
merits in the aforesaid W.P.No.7780/2021 on 27.05.2021, on
which day the petition stands posted before the learned Single
Judge.
4. As noticed by this Court in its order dated
28.04.2021, it is needless to state that any action done during
the pendency of the aforesaid W.P.No.7780/2021 would be
subject to the result of the petition. As stated supra, since we
have not examined the merits / de-merits of the rival
contentions of both sides, the learned Single Judge shall
consider the same on merits and pass appropriate orders
without being influenced by the observations, if any, made in
this order.
Subject to the aforesaid directions and observations,
appeal stands disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
SV
