SRINIVASA NAIK C.D. vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58592-DB
WP No. 30813 of 2026
CNR: KAHC010677842026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 30813 OF 2026 (S-KSAT)
BETWEEN:
1. SRINIVASA NAIK C.D.
S/O. LATE DHARMA NAIK,
AGED ABOUT 48 YEARS,
AS DRUG ANALYST,
PRESENTLY WORKING AS DRUG ANALYST
GOVERNMENT AYURVEDA RESEARCH CENTRE,
MYSORE 570 020,
PERMANENTLY
RESIDING AT NO. 91,
KEMPE GOWDA NAGAR,
HEROHALLI, BANGALORE - 560 091.
PH:9448614719
EMAIL ID: [email protected]
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
2. SMT. SYEDA SIDDIQUA FARHANA,
W/O. SYED ZAKIR HUSSAIN,
AGED ABOUT 39 YEARS,
PRESENTLY WORKING AS DRUG ANALYST,
GOVERNMENT AYURVEDA RESEARCH CENTRE,
MYSORE 570 020,
RESIDING AT NO.1, 1ST FLOOR,
3RD CROSS EX - SERVICEMEN COLONY,
NEAR DINNUR MAIN ROAD, R.T. NAGAR,
BANGALORE- 560 032.

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NC: 2026:KHC:58592-DB
WP No. 30813 of 2026
CNR: KAHC010677842026
Ph:9632288204
EmailId: [email protected]
…PETITIONERS
(BY SRI. SATISH K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIKASA SOUDHA,
BANGALORE - 560 001.
2. THE COMMISSIONER,
DEPARTMENT OF AYUSH,
DHANWANTRI ROAD,
NEAR ANAND RAO CIRCLE,
BANGALORE - 560 009.
3.
THE DIRECTOR,
DEPARTMENT OF AYUSH,
DHANWANTRI ROAD,
NEAR ANAND RAO CIRCLE,
BANGALORE - 560 009.
…RESPONDENTS
(BY SRI. B. MANJUNATH, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS FROM THE HONBLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE
IMPUGNED ORDER DATED 01/09/2026 PASSED IN
APPLICATION NOS.1695-1698/2024 (ANNEXURE-A) AND SET
ASIDE THE IMPUGEND ORDER DATED 01/09/2026 PASSED BY
THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
BANGALORE IN APPLICATION NOS. 1695-1698/2024

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NC: 2026:KHC:58592-DB
WP No. 30813 of 2026
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(ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID
APPLICATION NOS. 1695-1698/2024 AS SOUGHT FOR BY THE
PETITIONER BEFORE THE HONBLE TRIBUNAL (ANNEXURE-B).
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned counsel Sri.Satish.K for the petitioners
and learned AGA Sri.B.Manjunath for respondent Nos.1 to
3. Perused the writ petition papers.
2. Learned counsel for the petitioners would
submit that the petitioners are working as Drug Analyst in
the Department of Ayush, State of Karnataka. They were
appointed as Drug Analyst on 06.02.2017 and their
probationary period is declared to have been satisfactorily
completed by order dated 27.08.2019. It is the grievance
of the petitioners that in terms of C & R Rules of the

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WP No. 30813 of 2026
CNR: KAHC010677842026
Department of Ayush i.e., the Karnataka Ayurveda Unani
Siddha Homoeopathy Nature Cure and Yoga (AYUSH)
(Non-Teaching) (Recruitment) Rules, 2012 for the post of
Drug Analyst, no promotional opportunity is provided. The
petitioners who are appointed as Drug Analyst shall have
to retire as Drug Analyst though they would be entitled for
time bound advancement, however, they continue to work
in the same post.
3. Learned counsel Sri.K.Satish referring to the
decisions of the Hon'ble Apex Court in the case of
V.Jagannadha Rao and Others vs. State of A.P and
Others reported in (2001) 10 SCC 401 as well as in the
case of Dr.Ms.O.Z.Hussain vs. Union of India reported
in 1990 Supp SCC 688 would submit that the Supreme
Court has made it clear that reasonable promotional
opportunity should be available in every wing of public
service which would generate efficiency in service and
fosters the appropriate attitude to grow for achieving
excellence in service. Thus, he would pray for considering

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WP No. 30813 of 2026
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the representation dated 08.09.2023 (Annexue-A10) and
Annexure-A6 dated 10.08.2021 and to pass appropriate
orders.
4. Per contra, learned AGA would support the
order passed by the Tribunal. However, he submitted that
affidavit dated 12.10.2026 of Principal Secretary to
Government, Department of Health and Family Welfare is
filed and he refers to paragraph No.7 therein and would
submit that in view of the merging of the post of Scientific
Assistant with the Department of Food and Drug
Administration, the posts to which the petitioners seek
promotion are no longer available under AYUSH.
5. It is not in dispute that the petitioners were
appointed as Drug Analysts in the Department of AYUSH
by order dated 06.02.2017. A perusal of C & R Rules
indicate that the Drug Analysts in the Department of
AYUSH are not provided with promotional opportunity as
submitted by the learned counsel for the petitioners. The

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Drug Analyst in the Department of AYUSH shall have to
retire as Drug Analyst without promotion. The proposal
sent for amendment of C & R Rules to make provision of
promotional opportunity for the Drug Analyst is pending
with the State Government.
6. Be that as it may, the Hon'ble Apex Court in
V.Jagannadha Rao and Others supra was considering
identical fact situation and at paragraph No.22 has
observed as follows:
22. Notwithstanding our aforesaid conclusion, it
would be in the interest of the administration to have a
channel of promotion for every service, so as to avoid
stagnation at a particular level, subject however to the
condition that the incumbents of a service are otherwise
qualified to shoulder the responsibilities of the higher
promotional post. The appropriate authority of the
Government, therefore, should bear this in mind and
consider the feasibility and desirability of continuing the
supernumerary posts already created in the Boilers and
Factories Department on a permanent basis, so that the
employees from the lower echelon in the said department
have a promotional channel or, to make suitable
promotional avenue at least up to some level, so that
there would not be any discontentment amongst the
employees in the department concerned.

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7. The Hon'ble Supreme Court in the case of
Raghunath Prasad Singh vs. Secretary, Home
(Police) Department, Government of Bihar and
Others reported in 1988 Supp SCC 519 , while
considering an identical fact situation where the
Constables in the Wireless Wing of State of Bihar had no
promotional opportunity and in that circumstances at
paragraph 4 the Hon'ble Apex Court has observed as
under:
4. Before we part with the appeal, we would like
to take notice of another aspect. In course of hearing of
the appeal, to a query made by us, learned counsel for
the appellant indicated the reason as to why the appellant
was anxious to switch over to the general cadre. He relied
upon two or three communications which are a part of the
record where it has been indicated that there is no
promotional opportunity available in the wireless
organisation. Reasonable promotional opportunities
should be available in every wing of public service. That
generates efficiency in service and fosters the appropriate
attitude to grow for achieving excellence in service. In the
absence of promotional prospects, the service is bound to
degenerate and stagnation kills the desire to serve
properly. We would, therefore, direct the State of Bihar to
provide at least two promotional opportunities to the
officers of the State Police in the wireless organisation
within six months from today by appropriate amendments
of Rules. In case the State of Bihar fails to comply with
this direction, it should, within two months thereafter,
give a fresh opportunity to personnel in the Police wireless
organisation to exercise option to revert to the general

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cadre and that benefit should be extended to everyone in
the wireless organisation.
(underline provided)
8. The Tribunal under impugned order though was
of the view that petitioners had no promotional
opportunity, it cannot give a direction to the respondents
to create promotional wings/channel, observing that the
Government shall take decision on the proposal submitted
by respondent No.2 to the Government. However, there is
no impediment to direct the State to consider the request
of the petitioner.
9. In the light of the above, the following:
ORDER
The respondents are directed to consider
representations at Annexure-A6 dated
10.08.2021 and Annexure-A10 dated 08.09.2023
and pass appropriate order keeping in mind the
decision of the Hon'ble Apex Court in
Raghunath Prasad Singh supra as well as
V.Jagannadha Rao and Others supra within a

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period of 4 months from the date of uploading
the order in the website. Accordingly, the writ
petition is disposed of .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM, List No.: 1 Sl No.: 11