IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.18680/2014 (S- - PRO) BETWEEN:
SRI. B.N. NANJAPPA S/O. LATE NANJAPPA AGED ABOUT 62 YEARS RETIRED FDA R.O NO.16, KHB EXTEN J.B. KAWAL NANDINI LAYOUT BENGALURU – 10.
(BY SRI. NARAYANA S., ADVOCATE) …PETITIONER AND:
THE HOUSING COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BENGALURU – 560 009. ... RESPONDENT (BY SRI. M.S. NARAYAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.02.2013 PASSED BY THE RESPONDENT (ANNEXURE-L) AND TO REVIEW THE PROMOTIONS IN THE CADRE OF FIRST DIVISON ASSISTANT WITH EFFECT FROM 07.12.1997 AND TO REVIEW PROMOTIONS TO NEXT HIGHER CADRES AND TO REFIX PAY AND PENSION AND TO GRANT ALL CONSEQUENTIAL BENEFITS AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought for quashing Annexure-L dated 04.02.2013 and further sought for review of promotion in the cadre of First Division Assistant with effect from 07.12.1997 and further to invoke review of promotion to the next higher cadre while fixing the petitioner’s pay and pension.
2. Learned counsel for the respondent pointed out that the petitioner did not fulfill the requisite qualification attached to the First Division Assistant under promotion method that he has not passed Municipal and Local Board’s examination and accounts.
3. Learned counsel for the petitioner is not disputing that the petitioner has not passed the departmental examination.
4. Having regard to the criteria for promotion to the post of First Division Assistant, one must have passed the aforesaid departmental examinations. Undisputedly, the petitioner has not passed the examination. Consequently, petitioner has not made out a case so as to interfere Annexure-L dated 04.02.2013.
Hence, petition stands dismissed.
Sd/- JUDGE HA/-