IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.20847/2013 (S-PRO) BETWEEN:
V.S. VENKATESHA GOWDA AGED ABOUT 59 YEARS S/O LATE SANNE GOWDA DEPUTY GENERAL MANAGER (R&D/QAD) KARNATAKA SOAPS AND DETERGENTS LTD., PB #5531, POONA-BENGALURU ROAD, YESHWANTHAPURA BANGALORE - 560 055.
... PETITIONER (BY SRI V.S. VENKATESHA GOWDA, ADV. (PARTY-IN-PERSON) FOR SRI M. VINAYA KEERTHY, ADV.) AND:
1. THE MANAGING DIRECTOR KARNATAKA SOAPS AND DETERGENTS LTD., PB # 5531, BENGALURU - 560 055.
2. THE GENERAL MANAGER (HRD) KARNATAKA SOAPS & DETEREGENTS LTD., PB # 5531, BENGALURU - 560 055.
... RESPONDENTS (BY SRI M.R.C. RAVI, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 09.04.2013 SUBMITTED BY THE PETITIONER VIDE ANNEXURE- K.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner joined the services of Karnataka Soaps and Detergents Limited as a Chemist on 13.10.1978 and was promoted from time to time and ultimately as Deputy General Manager on 23.10.2005. A vacancy in the post of General Manager having arisen with the retirement of Dr. K.B. Patil, the petitioner was placed in-charge on 04.04.2008. The petitioner was not promoted on substantive basis to the post of General Manager. Hence a representation was made on 09.04.2013 vide Annexure-K. Finding no response, this petition was filed on 10.05.2013, for directing the respondents to consider the said representation.
2. The petitioner attained the age of superannuation and retired from service of Karnataka Soaps and Detergents Limited on 31.08.2013.
3. Concededly, no junior of the petitioner was promoted to a higher position by ignoring the seniority. It is for the employer to operate a post either on permanent basis or otherwise. No employee has a right to demand that the post should be filled up or he should be promoted to the vacant post. The right of the employee is limited to the consideration in accordance with the Cadre and Recruitment Rules, as and when the process is undertaken. The employer is entitled to take a conscious decision not to fill up the vacancy for justifiable reasons.
4. The petitioner, party-in-person, did not point out any vested right acquired for being promoted to the post of General Manager. As the petitioner has ceased to be in service on account of attaining the age of superannuation on 31.08.2013, I do not find justification to issue a writ in the nature of mandamus against the respondents to consider the grievance stated in Annexure-K i.e., to promote him on regular basis to the post of General Manager.
In the circumstances, petition is dismissed with no order as to costs.
Sd/- JUDGE ca