Karnataka High Court
Smt Anjana Chavan vs The State Of Karnataka on 3 September, 2024
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NC: 2024:KHC:35966-DB
WP No. 23159 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 23159 OF 2024 (S-KSAT)
BETWEEN:
SMT. ANJANA CHAVAN
W/O YESHWANT PAWAR
AGED ABOUT 55 YEARS
WORKING AS DEPUTY DIRECTOR (ADMIN)
OFFICE OF THE DIRECTOR OF PROSECUTION
DEPARTMENT OF PROSECUTION AND
GOVERNMENT LITIGATION
6TH FLOOR, KHB COMPLEX
CAUVERY BHAVAN, K.G. ROAD
BENGALURU-560 009
R/AT. NO. FLAT NO.305, 3RD FLOOR
PWD QUARTERS, JEEVAN BHEEMANAGAR
BENGALURU-560 075
...PETITIONER
Digitally signed
by
CHANNEGOWDA
(BY SRI. SUNIL S. NARAYAN, ADVOCATE)
PREMA
Location: High
Court of
Karnataka
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOME]
ROOM NO.222, 2ND FLOOR
VIDHANA SOUDHA
BENGALURU-560 001
REPRESENTED BY
ADDITIONAL CHIEF SECRETARY
2. SMT. ANJALI DEVI
D/O HUSENAPPA
AGED ABOUT 55 YEARS
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NC: 2024:KHC:35966-DB
WP No. 23159 of 2024
WORKING AS DIRECTOR
OFFICE OF THE DIRECTOR OF PROSECUTION
DEPARTMENT OF PROSECUTION AND
GOVERNMENT LITIGATION
6TH FLOOR, KHB COMPLEX
CAUVERY BHAVAN, K.G. ROAD
BENGALURU-560 009
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, RAYING TO
(i) CALL FOR THE ENTIRE RECORDS PERTAINING TO
APPLICATION No.2932/2024 FILED BEFORE THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH AND
(ii) ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT OR DIRECTION QUASHING/SET ASIDE THE
IMPUGNED ORDER DATED 08.07.2024 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BENGALURU
BENCH IN REJECTING THE INTERIM RELIEF SOUGHT IN THE
APPLICATION No.2932/2024 FILED BY THE PETITIONER AT
ANNEXURE-A AND IN-TURN ALLOW THE INTERIM RELIEF
SOUGHT IN THE APPLICATION No.2932/2024 FILED BY THE
PETITIONER HEREIN AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2024:KHC:35966-DB
WP No. 23159 of 2024
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing for the petitioner.
2. It is submitted by the learned counsel for the
petitioner that the petitioner was entitled to promotion to the
post of Deputy Director of Prosecution and Government
litigations with effect from 27.01.2021, when her immediate
juniors were promoted. The said request has been rejected by
the order dated 01.06.2024, overlooking the Seniority of the
petitioner in the cadre of Deputy Director of Prosecution. It is
submitted that the petitioner had filed the subject application
on 01.07.2024 against the order dated 01.06.2024. It is
submitted that the application was listed on several dates but
the interim prayer has not been granted.
3. We notice that the Tribunal is considering the
application on its merits and the case admittedly stands posted
on 18.09.2024. At this stage of the proceedings, when the
pleadings are being completed before the Tribunal, we are of
the opinion that the contention that the non-grant of the
interim relief would entitle the petitioner to approach this Court
NC: 2024:KHC:35966-DB
is misconceived. We are of the opinion that it is for the
petitioner to complete the pleadings before the Tribunal and to
seek either disposal of the application on its merits or an
interim relief before the Tribunal since the matter now stands
posted to 18.09.2024. We are not inclined to exercise our
extraordinary jurisdiction in this matter at this stage of the
proceedings. We are confident that the Tribunal will consider
either the main application or the prayer for interim relief at the
earliest, at any rate, without undue delay.
The writ petition stands disposed of, accordingly.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
RAK
