IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR REVIEW PETITION NO.428 OF 2018 IN WRIT PETITION No.39919 OF 2018 (S-PRO) BETWEEN:
SRI. DEVARAJ G.K S/O KEMPE GOWDA AGED ABOUT 54 YEARS LECTURER / CIVIL DEPARTMENT KVG POLYTECHNIC SULLIA-574 327 DAKSHINA KANNADA …PETITIONER (BY SHRI.G. JANARDHANA, ADVOCATE) AND:
1. STATE OF KARNATAKA MINISTRY OF EDUCATION (TECHNICAL EDUCATION) REPRESENTD BY ITS SECRETARY SECRETARIAT BUILDING MULTISTORIED BUILDING 2ND GATE, 6TH FLOOR, K.R.CIRCLE BENGALURU-560 001 2. DIRECTOR OF TECHNICAL EDUCATION PALACE ROAD BENGALURU–560 001 3. THE PRINCIPAL KVG POLYTECHNIC SULLIA-574 327 DAKSHINA KANNADA ... RESPONDENTS (BY SHRI. H.R. SHOWRI, HCGP FOR R1 & R2; VIDE ORDER DTD.5.4.19 NOTICE TO R3 IS DISPENSED WITH) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1(A) SECTION 114 OF CPC PRAYING TO REVIEW THE ORDER DATED:09.10.2018 PASSED IN W.P NO.39919/2018 TO PASS APPROPRIATE ORDER IN TERMS OF PRAYER SOUGHT FOR IN THE SAID WRIT PETITION.
THIS REVIEW PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Janardhana G., learned advocate for the petitioner and Shri Showri H.R., learned HCGP for the State.
2. Shri Janardhana submitted that petitioner in W.P.No.39919/2018 had prayed for consideration of third respondent’s recommendation dated 03.04.2018 submitted to the second respondent in respect of petitioner’s case. He further submitted that during the course of hearing of the said writ petition, parties relied upon a decision in W.P.No.21216/2014 and connected cases. Petition has been accordingly disposed of by recoding that petitioner is entitled for promotion to the next Grade as recommended by its Management as per Annexure C to the said writ petition. Petitioner had sought for consideration of the said recommendation by the second respondent. The said prayer has not been granted. Hence, this review petition.
3. Shri Showri, learned HCGP submitted that the order passed in W.P.No.21216/2014 is under challenge in writ appeal No.2476/2015 and the same is pending consideration before a division bench of this Court. However, second respondent shall consider third respondent’s recommendation dated 03.04.2018 in accordance with law, subject to result of writ appeal.
4. The submission of learned HCGP is placed on record. This review petition is accordingly disposed of.
No costs.
Sd/- JUDGE Yn.