IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.24265 OF 2018 (S-RES) Between:
Sri.Maheshwarappa.H, S/o.Hanumanthappa, Aged 46 years, R/at A.K.Colony, Joldhala Village, Chennagiri Taluk, Davanagere District-577 004, Occupation-Peon, At Gram Panchayath-Joldhal, Channagiri Taluk, District. …Petitioner (By Sri.Rajarama Sooryambail, Advocate) And:
1. The Chief Executive Officer, Zilla Panchayath, Davanagere District-577 004.
2. The Secretary, Taluk Panchayath, Channagiri Taluk, Davanagere District-577 004. …Respondents (By Sri.N.R.Jagadeeswara, Advocate for R1; R2-served but unrepresented) This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to direct the respondents to consider the representations given by the petitioner dated 14.3.2017 and 12.09.2013 vide Annex-A & C and pass appropriate orders.
This Writ Petition coming on for Preliminary Hearing in “B” Group, this day, the Court made the following:-
ORDER The petitioner has sought for the following reliefs:
“ a) Issue a Writ in the nature of mandamus directing the Respondents to consider the representations given by the petitioner dated 14.03.2017 and 12.09.2013 vide Annexure-A and C and pass appropriate orders thereon, in accordance with law.
b) Issue any other writ, order or direction as this Hon’ble court may deem fit to grant in the facts and circumstances of the case including an order as to costs. “ 2. Without producing the relevant Rules and Regulations, so also the final seniority list of the Feeder Cadre to the post of Bill Collector, petition is not maintainable.
Accordingly, the petition stands dismissed, as the petitioner has not pointed out the statutory legal right existing in his favour.
Reserving liberty to the petitioner to approach the concerned authority by making necessary application/representation to prepare Seniority list of the Feeder Cadre so as to operate for the purpose of promotion to the post of Bill Collector. In the event of the respondents not prepared such list, they were permitted to prepare combined seniority list or feeder cadre to the post of Bill Collector within a reasonable period.
Sd/- JUDGE Psg*