IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B. BAJANTHRI WRIT PETITION NO.11340/2019 (S-PRO) BETWEEN:
Sriramulu K., S/o late H.Hari Aged about 52 years No.33/2, III Main Road, Mattada Halli, R.T. Nagar, Bengaluru-560 032.
(By Smt. Sofiya, Advocate for Sri Kamaluddin Ahmad, Advocate) AND:
1. The Secretary Ministry of Human Resources Development Department, Department of Higher Education, Government of India Shastri Bhavan, New Delhi-110 001.
2. The Director Indian Institute of Science 18th Cross, Malleshwaram, Bengaluru-560 012.
…Petitioner 3. The Registrar Indian Institute of Science 18th Cross, Malleshwaram, Bengaluru-560 012.
…Respondents (By Sri B.S.Pramod, Advocate for R1 to R3 Sri Pradeep S. Sawkar, Advocate for M/s. Sundaraswamy & Sri Ramdas, Advocates for C/R3;) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 and R-3 to consider the representation of the petitioner dated 21.02.2019 produced at Annexure-A and direct the R-2 and R-3 to consider the petitioner for promotion to the Rank of Assistant Registrar (Security) considering his qualifications, service and seniority under reserved category and in terms of the Circular dated 31.12.2008 and also in terms of subsequent circular dated 02.11.2017 issued by the R-1; produced at Annexure-J and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Petitioner has sought for the following reliefs:
(a) Directing the respondents No.2 and 3 to consider the representation of the petitioner dated 21.2.2019 produced at Annexure-A and;
(b) Direct the respondents 2 and 3 to consider the petitioner for promotion to the rank of Assistant Registrar (Security) considering his Qualifications, Service and Seniority under Reserved Category and in terms of the Circular dated 31.12.2008 and also in terms of subsequent Circular dated 2.11.2017 issued by the 1st respondent; produced at Annexure-J OR (c) Direct the respondents 2 and 3 to give promotion to the petitioner for the post of Assistant Registrar (Security) under the existing pattern of 50% of the posts at this level being filled through promotion from the lower grades in view of the Circular dated 31.12.2008 issued by the MHRD, as also the subsequent Circular dated 2.11.2017 issued by the 1st respondent herein, produced at Annexure-K and (d) Direct the respondents 2 and 3 to implement the directions issued by the MHRD, the 1st respondent herein vide its circular dated 31.12.2008 and promote the petitioner in terms of the said Circular as he meets all the requirement for the post of Assistant Registrar (Security); produced at Annexure-J and (e) Grant such other reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice and equity.
2. On 14.6.2019 concerned respondent was directed to consider the grievance of the petitioner and pass suitable order. Consequently, communication has made to the petitioner on 27.6.2019.
3. In view of the later development, the present petition does not survive for consideration. Accordingly, petition stands disposed of reserving liberty to the petitioner to approach concerned authority or to file fresh petition in the event petitioner is aggrieved of the order dated 27.6.2019.
Sd/- JUDGE AP*