SHRI DNYANESHWAR S/O BASAVARAJ MALLARE vs THE DIRECTOR GENERAL AUDIT
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17201-DB
WP No. 100035 of 2026
CNR: KAHC020229672025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
THE HON'BLE MRS JUSTICE HEMA KULKARNI
WRIT PETITION NO.100035 OF 2026 (S-CAT)
BETWEEN:
SHRI DNYANESHWAR S/O. BASAVARAJ MALLARE,
AGE: 53 YEARS,
OCC. PRESENTLY WORKING AS SENIOR AUDIT OFFICER,
HAVING OFFICE AT PRINCIPAL DIRECTOR OF AUDIT,
SWR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 023,
R/O. FLAT NO. S-3, II FLOOR, CLASSIC ENCLAVE APARTMENT,
CLUB ROAD, HUBBALLI-580 020.
…PETITIONER
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1. THE DIRECTOR GENERAL AUDIT,
SOUTH WESTERN RAILWAY, HUBBALLI,
DIST. DHARWAD-580 023.
Digitally signed
by
VIJAYALAKSHMI
M KANKUPPI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.31
11:43:24 +0530
2. PRINCIPAL DIRECTOR OF AUDIT SOUTH WESTERN
RAILWAY, HUBBALLI, DIST. DHARWAD-580 023.
…RESPONDENTS
(BY SRI. S.K. HEGDE, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 26.09.2025
PASSED BY THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU BENCH, IN O.A.NO.170/00473/2023 VIDE ANNEXURE-
D. B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO GRANT PROMOTION TO THE PETITIONER TO THE POST OF AUDIT
OFFICER ALONG WITH ALL CONSEQUENTIAL BENEFITS, INCLUDING
SENIORITY, PAY FIXATION, AND ARREARS AS PER THE
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WP No. 100035 of 2026
CNR: KAHC020229672025
RECOMMENDATIONS MADE BY THE DEPARTMENTAL PROMOTION
COMMITTEE VIDE PROCEEDINGS DATED NIL AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
HON'BLE MRS JUSTICE HEMA KULKARNI
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before the Court calling in question the
order dated 26.09.2025 passed in Original Application
No.170/00473/2023 by the Central Administrative Tribunal,
1
Bangalore Bench, Bengaluru and seeks the following prayer:
Writ of Certiorari
a. “Issue a and quash the
impugned order dated 26.09.2025 passed by the
learned Central Administrative Tribunal, Bengaluru
Bench, in O.A.No.170/00473/2023 vide Annexure-
D
Writ of Mandamus
b. Issue a Directing the
Respondents to grant promotion to the Petitioner
Audit Officer
to the post of along with all
consequential benefits, including seniority, pay
fixation, and arrears as per the recommendations
made by the Departmental Promotion Committee
vide proceedings dated Nil;
c. Pass any other order(s) as this Hon’ble Court may
deem fit in the interests of justice and equity.”
1
Hereinafter referred to as the ‘Tribunal’
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HC-KAR
NC: 2026:KHC-D:17201-DB
WP No. 100035 of 2026
CNR: KAHC020229672025
2. Heard the learned counsel Sri. Shivraj S. Balloli
appearing for the petitioner and the learned counsel
Sri. S.K. Hegde appearing for respondents No.1 and 2.
3. The petitioner is said to have been appointed pursuant
2
to recruitment by the Staff Selection Committee on
01.06.1996 as an Auditor. He was promoted to the cadre of
Assistant Audit Officer upon clearing the requisite departmental
examination on 22.06.2007. The next cadre is that of Audit
Officer, for which six years of experience as an Assistant Audit
Officer is a requisite qualification. The petitioner becomes
eligible to be considered for promotion to the post of Audit
Officer with effect from 22.06.2013, the date on which he
completed six years of service as an Assistant Audit Officer. The
promotion of the petitioner was not granted owing to a lack of
vacancies or otherwise. A Departmental Promotion Committee
meet on 14.02.2018 and 15.02.2018 to consider promotions for
the panel year 2017-18 and the ensuing panel year 2018-19.
The Departmental Promotion Committee recommends the case
of the petitioner to be promoted as an Audit Officer under the
2
Hereinafter referred to as the ‘SSC’
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Scheduled Tribe category. Though the recommendation of the
Departmental Promotion Committee was made on 14.02.2018
and 15.02.2018, no action is taken. Therefore, the petitioner
goes on submitting representations, four in number, which are
appended to the petition. When no action was taken, the
petitioner approaches the Tribunal by filing the said original
application. The Tribunal dismisses the claim on the score that
by a circular, the respondent had changed the calendar year
and that, by then, the petitioner had been promoted to the
cadre of Audit Officer. It is this order that the petitioner calls in
question before us.
4. The learned counsel Sri. Shivraj S. Balloli appearing
for the petitioner would submit that the petitioner was eligible
for promotion not in 2018, when the Departmental Promotion
Committee made its recommendation, but from the date on
which he completed six years of service, i.e., on 22.06.2013.
He would submit that the petitioner belongs to the Scheduled
Tribe category and that, in terms of the roster operation, the
th
14 point should come to a Scheduled Tribe. The vacancy
th
corresponding to the 14 roster point arose in the year 2009,
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WP No. 100035 of 2026
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for which the petitioner was the only eligible candidate. The
respondents did not consider the same and time kicked off. The
learned counsel submits that the Tribunal has fallen in error in
giving credence to a circular, which shifted the calendar year
from 16 of every year to 11 of the ensuing year, thereby taking
away the vacancies that are existing. Even otherwise, the
learned counsel submits that he was always entitled to be
considered for promotion from 2013 and such promotion should
at least from the date on which the Departmental Promotion
Committee met and recommended the case of the petitioner.
5. The learned counsel Sri. S.K. Hegde appearing for
respondents No.1 and 2 would vehemently refute the
submission in contending that the petitioner has no right to
claim promotion. It is only for consideration of promotion. The
petitioner not having been promoted is on two circumstances:
(i) the calendar year by a circular dated 03.04.2018 is shifted
from 16 of every year to 11 of the ensuing year and (ii) the said
circular took away the right of the petitioner and the petitioner
did not challenge the same before the Tribunal. Therefore, in
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WP No. 100035 of 2026
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terms of circular, the petitioner having lost his right now cannot
contend that he is entitled to promotion.
6. We have given our anxious consideration to the
submissions made by the learned counsel for the parties.
7. The entry of the petitioner as an Auditor and his
subsequent promotion to the post of Assistant Audit Officer are
not in dispute. The Rules governing his further promotion are
the Recruitment Rules, 2001 (as amended in 2005). The Rules
that govern the promotion to the post of Audit Officer are as
follows:
SCHEDULE
Name of
post
Number of
post
Classification Pay Band And
Grade Pay
Selection
(1) (2) (3) (4) (5)
Audit
Officer
9483*
(2012)
*Subject
to
variation
dependent
on
workload.
General
Central
Service,
Group ‘B’
Gazetted,
Non-
Ministerial
Rs. 7500-
250-1200
th
(5 pay
commission)
*pay Band-I
(Rs. 9300-
34800)+
Grade Pay
Rs. 5400
th
*As per 6
pay
commission
33-1/3%
of the
posts are
selection
by merit
posts, and
66-2/3%
are non-
selection
posts.
Note: Where the Comptroller and Auditor General of India is of the opinion
that it is expedient or necessary so to do, he may by order and for reasons to
be recorded in writing, declare not more than 10% of these posts as ex-cadre
posts. Appointment to such ex-cadre post will be made on deputation basis
from the field of selection under column 12 or from officers of the Central
Government holding analogous posts on a regular basis or with 3 years
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regular service in post in the scale of pay of Rs.6500-10500 (5th pay
commission) or equivalent or with 7 years regular service in posts in the scale
of pay of Rs.5500-9000 (5th pay commission) or equivalent and processing
the qualifications and experience as decided by the Comptroller Auditor
General of India considering the duties attached to the post.
Age
limit for
direct
recruits
Whether
benefit of
added years
of service
admissible
under Rule 30
of CCS
(Pension)
Rules, 1972
Educational and
other qualificat-
ions required
for direct
recruits
Whether age and
educational
qualifications
prescribed for
direct recruits
will apply in the
case of promotes
Period of
probati-
on, if any
(6) (7) (8) (9) (10)
Not
applicable
Not
applicable
Not applicable Not applicable Nil
Method of recruitment:
whether by direct
recruitment or by promotion
or by deputation/ absorption
and percentage of the
vacancies to be filled by
various
In case of recruitment by promotion/
deputation/ absorption grades from which
promotion/ deputation/ absorption to be made
(11) (12)
By promotion failing which by
deputation
Promotion :
Assistant Audit Officer with six years
combined service as Assistant Audit Officer
and Section Officer.
Note : Where juniors who completed their
qualifying/eligibility service are being
considered for promotion, their seniors would
also be considered provided they are not short
of the requisite qualifying / eligibility service
by more than of such qualifying / eligibility
service or two years whichever is less, and
have successfully completed their probation
period for promotion to the next higher grade
along with their juniors who have already
completed such qualifying/eligibility service.
Deputation : Officers in any other cadre
controlling office in the department or similar
organization under government of India.
(a)(i) Holding analogous posts of audit officer
/ account officer, or
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(ii) Assistant Audit Officer/Assistant Accounts
Officer with 6 years combined regular service
as Assistant Audit Officer/ Assistant Accounts
Officer and Section Officer (Audit)/Section
Officer
The Departmental Officers in feeder category
who are in the direct line of promotion shall
not be eligible for consideration for
appointment on deputation.
Similarly, deputationists shall not be eligible
for consideration for appointment by
promotion.
(Period of deputation including period of
deputation in other ex-cadre post held
immediately preceding this appointment in the
same or some other organization /
department of the central government shall
ordinarily not exceed three years. The
maximum age limit for appointment by
deputation shall be not exceeding 56 years as
on the closing date of receipt of applications.)
If a Departmental Promotion
Committee exists
Circumstances in which Union Public Service
8. The method of recruitment is whether by direct
recruitment or by promotion, in accordance with the percentage
stipulated therein. The petitioner, therefore, is eligible to be
considered for promotion to the post of Assistant Audit Officer
from the cadre of Audit Officer, having completed six years of
service, which he admittedly had completed as on 2013. The
th
petitioner belongs to Scheduled Tribe category. The 14 point
roster that is operating in the respondent department is as
follows:
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Roster point Category
1. UR
2. UR
3. UR
4. UR
5. UR
6. UR
7. SC
8. UR
9. UR
10. UR
11. UR
12. UR
13. UR
14. ST
9. Point No.7 in the roster point is reserved for
Scheduled Caste category. Thus, the vacancy corresponding to
roster Point No.14 is reserved for the Scheduled Tribe category.
The learned counsel the petitioner has taken us through the
document, which demonstrates that the vacancy in Scheduled
Tribe arose in the year 2009 and there was no eligible
candidate to be filled up; therefore, the vacancy had been
carried forward. It was carried forward for close to nine years,
till the Departmental Promotion Committee met in the year
2018. The recommendation of the Departmental Promotion
Committee is as follows:
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HC-KAR
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WP No. 100035 of 2026
CNR: KAHC020229672025
“OFFICE OF THE DIRECTOR GENERAL OF AUDIT
SOUTH WESTERN RAILWAY, HUBLI
Proceedings of the Departmental Promotion
Committee Meeting to consider the case of eligible
Assistant Audit Officers for promotion to Audit
Officer
A Departmental Promotion Committee, comprising of
Shri S. A. Bathew, Director General of Audit, South
Western Railway, Hubli (Chairperson), Shri Sandip Roy,
Principal Director of Audit (Central), Bangalore, (Member)
and Shri R. Naresh, Accountant General (A&E),
Karnataka, Bangalore (Member), was constituted vide
Headquarters' Letter, No: 1579-Staff (Appt.)/417-2017
dated 19th December 2017 for the remaining part of
Panel Year 2017-18 and ensuing Panel Year 2018-19.
Proceedings of the Departmental Promotion Committee
were approved by circulation on 14.02.2018 by
Shri Sandip Roy, Principal Director of Audit (Central),
Bangalore, (Member) and Shri R. Naresh, Accountant
General (A&E), Karnataka, Bangalore (Member) and on
15.02.2018 by Shri S.A. Bathew, Director General of
Audit, South Western Railway, Hubli (Chairperson).
The Committee was informed of the following:
(i) Vide Letter No: 67-Staff (S&R)/Prom/SAS Passed/32-2017
dated 22.01.2018, Headquarters revised the Sanctioned
Strength, of this Office under various cadres
(SAO/AO/AAO/Supervisor/Sr. Auditor/Auditor) under Short
Term Plan (STP).
(ii) Considering the vacancy position in the Combined Cadre of
Audit Officer and Sr. Audit Officer, Headquarters was
requested to accord approval of a two-person panel for
promotion to Audit Officer during Panel Year 2018-19.
(iii) Headquarters' approval of a two-person panel for
promotion to Audit Officer during Panel Year 2018-19 was
received vide Headquarters' Letter No: 181-Staff
(Appt)/262-2018 dated 12th February 2018.
(iv) In accordance with IA&AD (Accounts Officer/Audit Officer)
Group 'B' Post Recruitment Rules, 2016, Assistant Audit
Officers with five years' regular service in the Assistant
Audit Officer Cadre with 'GOOD' as the benchmark are
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eligible for promotion to the Audit Officer cadre. The
promotion is to be made on selection by merit basis.
(v) Post-based Roster was introduced with effect from
02.07.1997. Considering the sanctioned strength of 3 AOs,
a 13-Point L-Shaped Roster was prepared, of which the 1"
Cycle is completed and the 2nd Cycle is in progress. In the
2nd Cycle, 12 Points were plotted and the present
promotion is against Point Nos. 13 & 14, which are UR and
ST respectively
(vi) Accordingly, as per Gradation List of Assistant Audit
Officers (Feeder Cadre), 10 Assistant Audit Officers who
have completed five years' regular service as on
01.04.2018, are eligible for promotion to the Audit Officer
cadre during Panel Year 2018-19.
(vii) Headquarters has now approved a two-person panel for
promotion to AO. There is ONE ST candidate at Sl. No. 07
of the zone of consideratior. of 8 candidates. Therefore, it is
proposed to utilize Point No: 14 of the two Points (Point
Nos: 13 & 14) in the 2nd Cycle (to be filled now) for
plotting the ST candidate.
(viii) There are no disciplinary/vigilance cases pending or
contemplated against any of the Officers being considered
for promotion. They are also not undergoing any
punishment/penalty.
The Committee scrutinized Confidential/APAR dossiers and
other service records of the eligible Officers and recommended
for promotion to Audit Officer:
Sl. Name Category Remarks
No. (S.Shri/Smt)
01. K. Rekha, AAuO UR FIT
02. Dnyaneshwar, ST FIT
AAuO
It is certified that the Officers considered for promotion are
neither related to any Member of the DPC nor any Member
otherwise is interested in them.
s/d s/d
(R. Naresh) (Sandip Roy)
Accountant General (A & E), Karnataka Principal Director of Audit (Central)
Bangalore Bangalore
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s/d
(S. A. Bathew)
Director General of Audit
South Western Railway,
Hubli.”
10. The recommendation was to promote the petitioner
th
under the Scheduled Tribe category at the 14 vacancy, which
was subsisting for nine long years. What remained was the
grant of promotion, but the petitioner received nothing, all for a
reason of issuance of a circular by the respondent. This circular,
which would have no impact upon the claim of the petitioner, is
projected by the respondent as an impediment to his
promotion. The circular reads as follows:
“To
All the heads of Department in IA & Ad;
(As per mailing list)
Subject: Eligibility of officers to be considered for promotion
by DPC-Fixing of crucial date regarding.
Sir/Madam,
I am to invite a reference to this office Circular No.27/2014
issued under letter No.619-Staff(Appt)(195-2014 dated
10.07.2014 wherein it was decided that in respect of
promotions, from panel year 2015-16 onwards the crucial date
for determining eligibility for promotion to various grades would
be April 01 of the promotion panel year.
2. In consonance with the latest instructions of Govt. of
India vide Department of Personnel & Training O.M. No.
22011/4/2013-Estt(D) dated 08.05.2017 and subsequent
clarification thereon vide O.M. No. 22011/4/2013-Estt (D) dated
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23.03.2018 on the above mentioned subject, it has now been
decided to change the preparation of panel for promotions from
financial year basis to calendar-year basis. Accordingly, crucial
date for determining eligibility of officers for promotion will be
January 01 of the panel year.
3. This will come into force from the vacancy-year 2019
(calendar year) commencing from January 01, 2019 and shall
accordingly be applicable to all such subsequent vacancy years.
nd
The APARs for five years preceding T-02 years may be taken
as reckoning APARs, i.e. for the vacancy year 2019 (01 January
2019 to 31 December 2019), the reckoning APARs shall be
2016-17, 2015-16, 2014-15, 2013-14 and 2012-13.”
11. A Departmental Promotion Committee
recommendation dated 15.02.2018 is thrown to the bench by
the respondent on the strength of the circular dated
03.04.2018. The circular also could not have taken away the
vacancy that was subsisting for a long time. The circular though
shifted the calendar year for the purpose of consideration of
st
promotion from January 1st of a particular year to June 1
would not get any difference to the claim of the petitioner,
though the eligibility of officers to be considered for promotion
by the Departmental Promotion Committee is dealt with in the
circular. The circular admittedly cannot take away the right of
the petitioner to be considered to be promoted to the cadre of
Audit Officer in terms of Point No.14.
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12. The learned counsel for the respondents submits that
the petitioner is anyway promoted to the cadre of Audit Officer
in the year 2024, therefore there is no warrant of any direction
in the hands of this Court. The submission is noted only to be
rejected.
13. The right of an employee to get promotion is
crystallized on the date on which he comes into the zone of
consideration. Consideration of promotion is held to be a
fundamental right, though promotion is not. The
recommendation of the Departmental Promotion Committee
happens on 15.02.2018. A circular that comes later cannot be
pitted against the recommendation and the right of the
petitioner to get promotion from the date on which he becomes
eligible or the vacancy arose, or, at the very least, from the
date on which the Departmental Promotion Committee
recommended his promotion, i.e., on 15.02.2018. The Tribunal
has fallen in error in giving credence to a circular and not to the
right of the petitioner promoted to the said post of Audit Officer
against the vacancy at roster Point No.14, which was reserved
for the Scheduled Tribe category.
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14. For the foregoing reasons, the following:
ORDER
a) The writ petition is allowed .
b) The order dated 26.09.2025 passed in
Original Application No.170/00473/2023 by
the Central Administrative Tribunal,
Bangalore Bench, Bengaluru, stands
quashed.
c) The respondents shall consider the case of
the petitioner for promotion in terms of the
recommendation of the Departmental
Promotion Committee dated 15.02.2018
and pass necessary orders thereon in
accordance with law within 12 weeks from
the date of receipt of the copy of the order.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Sd/-
(HEMA KULKARNI)
JUDGE
PMP/CT:PA
LIST NO.: 1 SL NO.: 21