Sri Srinivas V vs The State Of Karnataka
2023 Latest Caselaw 487 Kant

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                                                      WA No. 1108 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 6TH DAY OF JANUARY, 2023
                                        PRESENT
                          THE HON'BLE MR JUSTICE ALOK ARADHE
                                          AND
                      THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                          WRIT APPEAL NO.1108 OF 2022 (S-RES)
               BETWEEN:
               SRI SRINIVAS V
               S/O VENKATESH
               AGED ABOUT 32 YEARS
               PRESENTLY WORKING AT
               THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER
               TUMKUR SUB DIVISION
               NATIONAL HIGHWAYS PUBLIC WORKS DEPARTMENT
               KUNIGAL ROAD
               TUMKUR-572101
Digitally
signed by B                                                     ...APPELLANT
A KRISHNA
KUMAR          (BY SRI AIDTYA SONDHI, SR. COUNSEL FOR
Location:          SRI VINAYAK VAMANRAO KULKARNI., ADV.)
High Court
of Karnataka   AND:
               1.   THE STATE OF KARNATAKA
                    THROUGH ITS CHIEF SECRETARY
                    GOVERNMENT OF KARNATAKA
                    ROOM NO.320, 3RD FLOOR
                    VIDHANA SOUDHA
                    AMBEDKAR VEEDHI
                    BANGALORE - 560 001.
               2.   ADDITIONAL CHIEF SECRETARY/
                    PRINCIPAL SECRETARY
                    KARNATAKA STATE PUBLIC
                    WORKS DEPARTMENT
                    GOVERNMENT OF KARNATAKA
                    ROOM NO.336, 3RD FLOOR
                    VIKASA SOUDHA
                    AMBEDKAR VEEDHI
                    BANGALORE - 560 001.

               3.   CHIEF ENGINEER COMMUNCIATIONS
                    AND BUILDINGS (SOUTH)
                             -2-
                                        WA No. 1108 of 2022




     KARNATAKA STATE PUBLIC WORKS
     DEPARTMENT, K.R. CIRCLE
     BANGALORE - 560 001.
4.   PRINCIPAL SECRETARY
     DEPARTMENT PUBLIC AND
     ADMINISTRATIVE REFORMS
     GOVERNMENT OF KARNATAKA
     ROOM NO.246, 2ND FLOOR
     VIDHANA SOUDHA
     AMBEDKAR VEEDHI
     BANGALORE - 560 001.

5.   ADDITIONAL CHIEF SECRETARY
     DEPARTMENT OF FINANCE
     GOVERNMENT OF KARNATAKA
     ROOM NO.255, 2ND FLOOR
     VIDHANA SOUDHA
     AMBEDKAR VEEDHI
     BANGALORE - 560 001.

6.   PRINCIPAL SECRETARY
     DEPARTMENT OF LAW
     GOVERNMENT OF KARNATAKA
     ROOM NO.33, GROUND FLOOR
     VIDHANA SOUDHA
     AMBEDKAR VEEDHI
     BANGALORE - 560 001.

7.   SECRETARY, NATIONAL COMMISSION
     FOR SCHEDULED CASTES
     5TH FLOOR, LOK NAYAK BHAWAN
     KHAN MARKET
     NEW DELHI - 110 001.
                                             ...RESPONDENTS
(BY SRI D. BASAVARAJA., ADV., FOR R-7;
    SRI B. RAJENDRAPRASAD, AGA FOR R-1 TO R-6;
    ASG - SERVED)

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATA KA HIGH
COURT ACT, PRAYING TO SET ASIDE THE JUDGEMENT DATED
13.10.2022 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.12079/2022 AND CONSEQUENTLY ALLOW THE PRAYER
SOUGHT IN THE SAID WRIT PETITION.
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                                                 WA No. 1108 of 2022




      THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:


                               JUDGMENT

This intra court appeal has been filed against the order

dated 13.10.2022 by the learned Single Judge by which, writ

petition preferred by the appellant has been disposed of with

liberty to approach the Karnataka State Administrative

Tribunal.

2. Facts leading to filing of this appeal briefly state are

that, the appellant was appointed as a Second Divisional

Assistant on compassionate ground in the Karnataka Public

Works Department. The appellant had made request to a higher

post on the ground that he possess higher qualification. The

aforesaid representation made by the petitioner was rejected

by endorsement dated 06.06.2022.

3. The appellant challenged the aforesaid endorsement

in a writ petition. The learned Single Judge by an order dated

13.10.2022 has relegated the appellant to avail the remedy

available to him under the Karnataka Administrative Tribunals

Act, 1985 (hereinafter referred to as the "Act"). In the

aforesaid factual background, this appeal has been filed.

WA No. 1108 of 2022

4. Learned Senior Counsel for the appellant submits

that the grievance of the petitioner pertains for a period prior to

appointment. Therefore, the learned Single Judge, ought not to

have relegated the appellant to avail remedy before the

Tribunal and ought to have entertain the writ petition.

5. We have considered the submission made by the

learned Senior Counsel for the appellant and also perused the

records.

6. Section 3(q) of the Act defines that "service

matters", in relation to a person, means all matters relation to

the conditions of his service in connection with the affairs of the

Union or of any State or of any local or other authority within

the territory of India or under the control of the Government of

India. The claim of the appellant for appointment to a higher

post definitely falls within the purview of Section 3(q) of the

Act. In view of availability of an alternative efficacious remedy

in relation to the grievance of the appellant, the learned Single

Judge has rightly relegated the appellant to avail alternative

remedy.

WA No. 1108 of 2022

For the aforementioned reasons, we do not find any

ground to interfere with the view taken by the learned Single

Judge. In the result, the appeal fails and is hereby dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

NMS