Case Note & Summary
The petitioner, an Assistant Accounts Officer in Karnataka Power Transmission Corporation Ltd. (KPTCL), filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the second respondent to sanction his promotion to the post of Accounts Officer with effect from 16/04/2018, along with consequential benefits, by considering his representation dated 12/07/2024. The petitioner had been working as Assistant Accounts Officer and claimed eligibility for promotion. The respondents were represented by counsel. The court, after hearing both sides, disposed of the petition without issuing notice to the respondents, directing the second respondent to consider the petitioner's representation dated 12/07/2024 and pass appropriate orders within eight weeks from the date of receipt of a copy of the order. The court clarified that it had not expressed any opinion on the merits of the claim and that the order would be subject to the outcome of any pending litigation. The petition was disposed of accordingly.
Headnote
A) Service Law - Promotion - Writ of Mandamus - Consideration of Representation - Petitioner sought direction to respondent to consider his representation for promotion to Accounts Officer - Court directed respondent to consider representation and pass orders within 8 weeks - Held that the writ petition is disposed with direction to consider representation (Paras 1-3).
Issue of Consideration
Whether the respondent authority should be directed to consider the petitioner's representation for promotion to the post of Accounts Officer with effect from 16/04/2018.
Final Decision
The writ petition is disposed of directing the second respondent to consider the petitioner's representation dated 12/07/2024 and pass appropriate orders within eight weeks from the date of receipt of a copy of this order. The court has not expressed any opinion on the merits of the claim.
Law Points
- Writ of mandamus
- Promotion
- Consideration of representation
- Service law
Case Details
2025 LawText (KAR) (11) 50
WP No. 104763 of 2025 (S-PRO)
Sri. Abhinandan V. Hiremath (for petitioner), Sri. B.S. Kamate (for respondents)
Shri. Maruthi Rao S/o. Kallappa Mali
The Managing Director, Karnataka Power Transmission Corporation Ltd. (KPTCL), The Director (Administration Resource) and the Disciplinary Authority, KPTCL, The Chief Engineer (Elec), Hubballi Zone
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Nature of Litigation
Service matter - Promotion
Remedy Sought
Writ of mandamus directing respondent No.2 to sanction promotion to the post of Accounts Officer with effect from 16/04/2018 with consequential benefits by considering representation dated 12/07/2024.
Filing Reason
Non-consideration of representation for promotion
Issues
Whether the respondent should be directed to consider the petitioner's representation for promotion to Accounts Officer with effect from 16/04/2018.
Submissions/Arguments
Petitioner sought direction to consider representation for promotion.
Respondents opposed the petition.
Ratio Decidendi
The court directed consideration of the representation without expressing opinion on merits, as the petitioner sought only a direction to consider the representation.
Judgment Excerpts
The petitioner is before this Court seeking a direction to the respondent No.2 to accord promotion to the petitioner to the post of Accounts Officer with effect from 16/4/2018 with all the consequential benefits by considering the representation dated 12/07/2024 as per Annexure-H.
Without expressing any opinion on the merits of the claim, the second respondent is directed to consider the representation of the petitioner dated 12/07/2024 and pass appropriate orders within eight weeks from the date of receipt of a copy of this order.
Procedural History
The petitioner filed WP No. 104763 of 2025 under Articles 226 and 227 of the Constitution of India. The petition came up for preliminary hearing and was disposed of at that stage without issuing notice to the respondents.
Acts & Sections
- Constitution of India: Articles 226, 227
