SRI S VEERAPPA GOWDA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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WP No. 20515 of 2022
CNR: KAHC010475342022
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. 20515 OF 2022 (S-KSAT)
BETWEEN:
1.
SRI S. VEERAPPA GOWDA,
S/O KORAGAPPA GOWDA,
AGED ABOUT 64 YEARS,
RETIRED ASSISTANT CONSERVATOR,
OF FORESTS,
R/AT. A VINA HOUSE,
NEAR SUSHRUTHA HOSPITAL,
'URLANDY', PUTTUR TALUK
DAKSHINA KANNADA DISTRICT
PIN:574 201
(APPLICANT IN APPLICATION
NO.2450/2008
BEFORE THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL
BENGALURU)
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
2. SRI. P D NAIK
S/O DEVARAJA NAIK
AGED ABOUT 68 YEARS
EARLIER WORKING AS
RANGE FOREST OFFICER
NOW RETIRED
R/AT NO.289 10TH CROSS
B C C LAYOUT
2ND STAGE VIJAYANAGAR
BENGALURU -560 070.
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WP No. 20515 of 2022
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(APPLICANT IN APPLICATION
NO.2452/2008
BEFORE THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL
BENGALURU)
3. SRI H B NAJUNDAPPA
S/O PUTTAPPA B
AGED ABOUT 61 YEARS
RETIRED ASSISTANT CONSERVATOR
OF FORESTS
R/AT NO.87 15TH CROSS
6TH MAIN
MAHALAKSHMI LAYOUT
BENGALURU -560 086
(APPLICANT IN APPLICATION
NO.2458/2008
BEFORE THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL
BENGALURU)
4. SRI K B BASAVARAJAPPA
S/O B ISHADAPPA
AGED ABOUT 61 YEARS
RETIRED ASSISTANT CONSERVATOR
OF FORESTS
R/AT KUPPALU
MATIGHATTA POST
KADURU TALUK
CHIKKAMAGALURU DISTRICT -PIN-277548.
(APPLICANT IN APPLICATION
NO.2461/2008
BEFORE THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL
BENGALURU)
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WP No. 20515 of 2022
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5. SRI Y G CHNADRAPPA
S/O LATE Y G ESHWAAPPA
AGED ABOUT 67 YEARS
RETIRED RANGE FOREST OFFICER
NO.3682/A39,
TARALABALU BADAVANE
VIDYANAGARA,
DAVANAGERE -577005
(APPLICANT IN APPLICATION
NO.2467/2008
BEFORE THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL
BENGALURU)
…PETITIONERS
(BY SRI. GIRISH M. K.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
DEPARTMENT OF FOREST ECOLOGY AND
ENVIRONMENT (SERVICES),
M S BUILDING,
AMBEDKAR VEEDHI,
BENGALURU -560 001.
2. THE PRINCIPAL CHIEF
CONSERVATOR OF FOREST
ARANYA BHAVAN
MALLEHSWARAM
BENGALURU -560 003.
…RESPONDENTS
(BY SRI. B. MANJUNATH, AGA FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN A.No-2450/2008, 2452/2008, 2458/2008,
2461/2008, 2467/2008 ON THE FILE OF KSAT BENGALURU
AND SET ASIDE THE JUDGMENT AND ORDER PRODUCED AT
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WP No. 20515 of 2022
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ANNEXURE-A PASSED BY THE KSAT IN A.No-1003/2008
CONNECTED WITH OTHER APPLICATIONS AND GRANT RELIEF
AS SOUGHT FOR IN APPLICATIONS FILED BY THE
PETITIONERS RESPECTIVELY.
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)
The petitioners, who are unsuccessful applicants
before the Tribunal are before this Court questioning the
order dated 22.09.2017 passed by the Karnataka State
Administrative Tribunal (for short 'the Tribunal') in
Application Nos.2450/2008, 2452/2008, 2458/2008,
2461/2008 and 2467/2008 whereby their request for
retrospective promotion to the post of Range Forest Officer
from the date on which they were placed in independent
charge was rejected.
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2. Heard learned counsel Sri.Girish.M.K for the
petitioners and learned AGA Sri.B.Manjunath for
respondent Nos.1 & 2. Perused the entire writ petition
papers.
3. Learned counsel for the petitioners would
submit that the petitioners were placed in independent
charge for the post of Range Forest Officer under Rule 32
of the Karnataka Civil Services Rules on 22.05.1996 in
terms of Annexure-A1 and thereafter, they were regularly
promoted as Range Forest Officer on 17.02.2006 in terms
of Annexure-A2. He further submits that their request for
retrospective promotion from the date on which they were
placed in independent charge was rejected.
4. Learned counsel for the petitioners would
submit that there were promotional vacancies and that the
petitioners were eligible for retrospective promotion in
terms of Rule 2(3) of Karnataka Civil Services (Regulation
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of Promotion, Pay and Pension) Rules, 1978. Thus, he
would pray for allowing the writ petition.
5. Further learned counsel for the petitioners
would submit that the same impugned order passed by the
Tribunal dated 22.09.2017 was the subject matter of WP
No.10479/2018 and WP No.10480/2018 before this Court
and the Co-ordinate Bench of this Court by order dated
03.12.2019, dismissed the writ petition. However, liberty
was granted to the petitioners therein to approach the
Government with fresh petition/representation. Thus,
learned counsel for the petitioners would submit that
similar order be passed in the present case.
6. On the other hand, learned AGA would submit
that at this length of time, the petitioners would not be
entitled for any relief by this Court. Further, learned AGA
would also submit that there is five years delay in
approaching this Court. It is also submitted that the writ
petition was dismissed for non-prosecution in January
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2023 and the petitioners slept over the matter and the
writ petition was restored only in September 2026. Thus,
learned AGA would submit that the persons who slept over
their rights are not entitled for any relief. Thus, he would
pray for dismissal of the writ petition.
7. Having heard the learned counsel for the parties
and on perusal of the entire writ petition papers, we are of
the considered opinion that the petitioners would not be
entitled for any relief. The order under challenge in this
writ petition dated 22.09.2017 in Application
No.1003/2008 and connected applications before the
Tribunal was the subject matter of WP No.10479/2018 and
WP No. 10480/2018, wherein the Co-ordinate Bench of
this Court by order dated 03.12.2019 dismissed the Writ
Petitions confirming the order passed by the Tribunal.
8. Learned counsel for the petitioners submit that
the petitioners may be granted liberty to make a fresh
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petition or representation as granted in the order dated
03.12.2019 in WP No.10479/2018 supra.
9. We are not inclined to grant the said prayer
also. Admittedly, the impugned order was passed on
22.09.2017, whereas the present writ petition was filed
after more than five years delay i.e., on 12.10.2022.
There is no explanation for the five years delay in
approaching this Court. Moreover, the writ petition was
dismissed for non-prosecution on 11.01.2023 and the
same was restored on 07.10.2026. The writ petition was
kept pending for more than three years and it appears
that the petitioners intend to get revived the order dated
03.12.2019 in WP No.10479/2018 and WP No.10480/2018
by making representation or fresh petition by virtue of the
order to be passed by this Court. A person who sleeps
over his right would not be entitled for this relief under
Article 226 of the Constitution of India.
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10. A settled matter cannot be unsettled after lapse
of an inordinate period.
In the above circumstances, we don't find any merits
in the writ petition and accordingly, the writ petition
stands rejected .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
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