Karnataka High Court
Smt Roopa K V vs State Of Karnataka on 3 November, 2025
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WA No. 199 of 2024
C/W WA No. 1166 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT APPEAL NO. 199 OF 2024 (S-RES)
C/W
WRIT APPEAL NO. 1166 OF 2024 (S-RES)
IN WA No. 199/2024
BETWEEN:
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H SIDDAIAH ROAD, BENGALURU - 560 027
REPRESENTED BY ITS MEMBER SECRETARY.
...APPELLANT
Digitally
signed by (BY SRI. RAGHAVENDRA G GAYATRI.,ADVOCATE)
SUMA B N
Location: AND:
HIGH
COURT OF 1.
KARNATAKA SMT. ROOPA K.V.,
AGED ABOUT 40 YEARS
OCC: STENOGRAPHER
WORKING AT PERMANENT LOK ADALT
ADR CENTER, MALALAWADI,
JAYANAGAR, 5TH CROSS,
MYSORE - 570 014.
2. SRI. DEEPAK JERE
S/O KRISHNA JERE
AGED ABOUT 40 YEARS
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OCC: STENOGRAPHER
WORKING AT PERMANENT LOK ADALAT
BELAGAVI, A.D.R CENTER
BELAGAVI - 590 016.
3. SMT MANJULA BADIGANNAVAR
AGED ABOUT 42 YEARS
OCC: STENOGRAPHER
WORKING AT PERMANENT LOK ADALAT
BELAGAVI, A.C.R CENTER,
BELAGAVI - 590 016.
4. STATE OF KARNATAKA
REPRESENTED BY ITS
UNDER SECRETARY TO LAW
JUSTICE AND HUMAN RIGHTS
DEPARMENT, M S BUILDING
BANGALORE - 560 001.
5. SMT R JAYANTHI
ASSISTANT
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H. SIDDIAH ROAD
BENGALURU - 560 027.
6. SMT SHANTHA MENDON
ASSISTANT
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H SIDDAH ROAD
BENGALURU - 560 027.
7. SMT ROOPA PUKALE
ASSISTANT
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H. SIDDAH ROAD
BENGALURU - 560 027.
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8. SRI. K. BASAVARAJU
ASSISTANT
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H SIDDAH ROAD
BENGALURU - 560 027.
9. SRI. H. RANGAPPA
ASSISTANT
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H SIDDAH ROAD
BENGALURU - 560 027.
10. SMT. H. LAKSHMI
STENOGRAPAHER
ASSISTANT
KARNATAKA STATE LEGAL SERVICES AUTHORITY
NYAYADEGULA, FIRST FLOOR
H SIDDAH ROAD
BENGALURU - 560 027.
11. SRI. SURESH PAWAR
FIRST DIVISION ASSISTANT
PERMANANT LOK ADALTH
MANGALURU
DAKSHINA KANNADA DISTRICT - 575 001.
12. SMT SHIVALEELA BIRADAR
FIRST DIVISION ASSISTANT
PEMANANT LOK ADALATH
KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI. VIGNESHWARA S. SHASTRI SENIOR ADVOCATE
ALONG WITH SRI. N. SHESHADRI ADVOCATE FOR
SRI. GURURAJ.,ADVOCATE FOR R1 TO R3 AND R5 TO R12
SRI. MOHAMED JAFFAR SHAH., AGA FOR R4;
SRI. SHRIDHAR PRABHU., ADVOCATE FOR R5 TO R12).
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WA No. 199 of 2024
C/W WA No. 1166 of 2024
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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
20/12/2023 PASSED IN WP NO.8827/2018, ON THE FILE OF
THIS HONBLE Court AND TO DISMISS WP NO.8827/2018, ON
THE FILE OF THIS HONBLE COURT IN ITS ENTIRETY.
IN WA NO. 1166/2024
BETWEEN:
1. SMT ROOPA K V
AGED ABOUT 41 YEARS,
OCC. STENOGRAPHER,
WORKING AT KARNTAKA STATE LEGAL SERVICES
AUTHORITY,
NYAYA DEGULA FIRST FLOOR,
H SIDDIAH ROAD,
BANGALORE-560 027.
2. SRI. DEEPAK JERE,
S/O KRISHNA JERE,
AGED ABOUT 41 YEARS,
OCC: STENOGRAPHER,
WORKING AT PERMANENT
LOK ADALAT AT BELAGAVI,
ADA CENTER, BELAGAVI - 590 016.
3. SMT. MANJULA BADIGANNAVAR,
AGED ABOUT 43 YEARS,
OCC: STENOGRAPHER,
WORKING AT PERMANENT
LOK ADALAT AT BELAGAVI, ADA CENTER,
BELAGAVI- 590 016.
...APPELLANTS
(BY SRI. VIGNESHWARA S. SHASTRI, SENIOR ADVOCATE
ALONG WITH SRI. N. SHESHADRI ADVOCATE FOR
SRI. SAGAR V SHASTRI.,ADVOCATES)
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AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
UNDER SECRETARY TO LAW,
JUSTICE AND HUMAN RIGHTS DEPARTMENT,
M.S. BUILDING,
BANGALORE-560 001.
2. KARNATAKA STATE LEGAL SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027
REPRESENTED BY ITS
MEMBER SECRETARY.
3. SMT. R.JAYANTHI,
AGE. MAJOR, ASSISTANT
KARNATAKA STATE LEGAL
SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027.
4. SMT. SHANTHA MENDON,
AGE. MAJOR, ASSISTANT,
KARNATAKA STATE LEGAL SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027.
5. SMT. ROOPA PUKALE,
AGE: MAJOR, ASSISTANT.
KARNATAKA STATE LEGAL SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027.
6. SRI. K. BASAVARAJU,
AGE: MAJOR, ASSISTANT,
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KARNATAKA STATE LEGAL
SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027.
7. SRI. H. RANGAPPA,
AGE: MAJOR, ASSISTANT,
KARNATAKA STATE LEGAL SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027.
8. SMT. H. LAKSHMI,
AGE: MAJOR, STENOGRAPHER,
KARNATAKA STATE LEGAL SERVICES AUTHORITY,
NYAYADEGULA, FIRST FLOOR,
H. SIDDAIAH ROAD,
BENGALURU - 560 027.
9. SURESH PAWAR,
AGE: MAJOR, FIRST DIVISION ASSISTANT,
PERMANENT LOK ADALATH,
MANGALURU,
DAKSHINA KANNADA DISTRICT-575 001.
10. SMT. SHIVALEELA BIRADAR,
AGE: MAJOR, FIRST DIVISION ASSISTANT,
PERMANENT LOK ADALATH,
KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH., ADVOCATE FOR R1
SRI. RAGHAVENDRA G. GAYATRI, ADVOCATE FOR R2;
SRI. SHRIDHAR PRABHU., ADVOCATE FOR R3 TO R10).
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
20/12/2023 PASSED IN WP NO.8827/2018 BY THE LEARNED
SINGLE JUDGE OF THIS HONBLE COURT IN SO FAR AS NOT
QUASHING THE NOTIFICATION DATED 09/02/2018 ISSUED BY
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RESPONDENT NO.2 IN NO.KSL SA/121/ADMN/2006 IN
RESPECT OF PROMOTING RESPONDENT NO.3 TO 10 AS
SENIOR ASSISTANTS/SHERISTEDARS AND THE WRIT
PETITION BE ALLOWED IN TOTO AS PRAYED FOR BY
ALLOWING THIS WRIT APPEAL.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
These two Writ Appeals have been filed impugning the
judgment and order dated 20.12.2023 passed by the learned
Single Judge in WP.No.8827/2018.
2. Under the provisions of the Karnataka Legal
Services Authority Act, 1986, Karnataka Legal Services
Authority has come into existence. To govern the service
conditions of its employees, The Karnataka State Legal Services
Authority Rules 1996 (hereinafter referred to as the '1996
Rules') have been framed which came into effect from
06.02.1996. Under these Rules, several categories of posts
have been created, which are Stenographer, Senior Assistant
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and Section Officer. The Stenographers in the authority are
appointed by two sources of recruitment i.e. 50% by direct
recruitment and 50% by promotion from the cadre of Typist or
by deputation of an official in equivalent cadre from any State
Civil Service or Judicial service. The Senior Assistant Post is
filled up by making 100% promotion from the cadre of
Assistant and Stenographer or by deputation of an official in
the equivalent cadre from any State Civil Service or Judicial
Service. The next post is a post of Section Officer which is filled
up from two sources i.e., (a) 75% by direct recruitment ; and
(b) 25% by promotion from the cadre of Senior Assistant and
Sheristedhar or by deputation of an official in the equivalent
cadre from any State Civil Service or Judicial Service.
3. The 1996 Rules do not provide any criteria for
giving the job of Assistant to a Stenographer. Thus, the
Competent Authority is at discretion to assign the work of
assistant to any of the stenographers. However, for promotion
to the post of Senior Assistant, the promotion is made from the
persons who have experience of one year as Assistant. Thus,
some of the Stenographers would get the opportunity to work
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as Assistant, but others would not get the opportunity to work
as Assistant and they would also lose the opportunity to be
promoted to the post of Senior Assistant.
4. The respondent Nos.1 to 3 who are seniors to the
respondent Nos.5 to 12 in the cadre of stenographer did not
get an opportunity to work as assistant, and therefore, they
were not promoted but their juniors who are the respondent
Nos. 5 to 12 were promoted to the post of Senior Assistant. The
respondent Nos.1 to 3 therefore, filed the writ petition seeking
their promotion to the post of Senior Assistant from the date
when their juniors were appointed and they also questioned the
validity of Rules and requirements of having experience of one
year on the post of Assistant to be promoted to the post of
Senior Assistant.
5. The learned Single Judge found this Rule of having
one year experience on the post of Assistant for promotion as
Senior Assistant arbitrary, inasmuch as, a Stenographer does
not have any say that who would be given the work of
Assistant. There are no Rules for giving the work of the
assistant to a Stenographer. It is the complete discretion of the
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Authority to assign the work of Assistant to any Stenographer.
Thus, this Rule has been applied arbitrarily to deny the
promotion to the seniors and the juniors who got the
opportunity to work as Assistant got promoted to the post of
Senior Assistant and the Senior Stenographers were left out. So
far this first part of the impugned judgment that the
respondent Nos.1 to 3 are entitled to be promoted from the
date of their juniors got promoted to the post of Senior
Assistant, we do not find any error in the impugned judgment
and order. Therefore, we affirm the findings of the Learned
Single Judge on this aspect.
6. We also find the provisions of the 1st Schedule of
the 1996 Rules regarding promotion to the post of Senior
Assistant from the persons having one year experience as
Assistant, arbitrary and violative of Article 14 of the
Constitution of India. Therefore, the requirement of one year
experience on the post of Assistant for promotion to the post of
Senior Assistant has been rightly set aside. So far as the
second direction issued by the learned Single Judge in the
impugned order, for further promotion to the post of Section
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Officer is concerned, it was neither a prayer of the petitioners in
the writ petition nor such a direction can be given as one time
measure when the prayer was not made in the writ petition.
Therefore, we are of the view that the second direction for
promoting the respondents to the post of Section Officer was
wholly unwarranted. Therefore, the said direction is set aside.
In view thereof, we disposed of both the Writ Appeals in
terms as stated above.
The delay condonation application in IA No.1/2024 is
allowed.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(TARA VITASTA GANJU)
JUDGE
RU
