DR. H.N.GOPALAKRISHNA, I.A.S vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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WP No. 11092 of 2023
C/W WP No. 17900 of 2023
CNR: KAHC010260192023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 11092 OF 2023 (S-KSAT)
C/W
WRIT PETITION NO. 17900 OF 2023 (S-KSAT)
IN WP No. 11092/2023:
BETWEEN:
SMT. ARCHANA Y .B.,
W/O. DR. MURALIDHARA K.,
AGED ABOUT 48 YEARS,
WORKING AS SECRETARY,
CENTRAL RELIEF COMMITTEE,
MAGADI MAIN ROAD,
BANGALORE-560091.
…PETITIONER
(BY SRI. SATISH K., ADVOCATE)
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF SOCIAL WELFARE
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
VIKASA SOUDHA
BANGALORE-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORMS
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VIDHANA SOUDHA,
BANGALORE-560001.
…RESPONDENTS
(BY SRI. REUBEN JACOB, AAG A/W
SRI. S.C. DESHMUKH, AGA FOR R1 AND R2)
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 HTE
IMPUGNED ORDER DATED 12.04.2023 PASSED IN
APPLICATION No. 3175/2021 (ANNEXURE-A), SET ASIDE THE
IMPUGNED ORDER DATED 12/04/2023 PASSED BY THE
HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
BANGALORE IN APPLICATION No. 3175/2021 (ANNEXURE-A)
AND ALLOW THE INTERLOCUTORY APPLICATION DATED
13/03/2023 FILED BY THE PETITIONER AS PRAYED FOR
(ANNEXURE-D) AND CONSEQUENTLY DIRECT THE HONBLE
TRIBUNAL TO DEFER THE HEARING IN APPLICATION No.
3175/2021 (ANNEUXRE-B) AND ETC.
IN WP NO. 17900/2023:
BETWEEN:
1. DR. H.N.GOPALAKRISHNA, I.A.S.,
S/O LATE NARAYANA GOWDA,
AGED ABOUT 50 YEARS,
WORKING AS COMMISSIONER,
DEPARTMENT OF LABOUR,
KARMIKA BHAVAN , DAIRY CIRCLE
BANNERGHATTA ROAD,
BANGALORE - 560029.
2. SMT. KAVITHA S. MANNIKERI I.A.S.,
D/O S.K. MANNIKERI,
AGED ABOUT 49 YEARS,
WORKING AS COMMISSIONER,
KARNATAKA HOUSING BOARD,
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CAUVERY BHAVAN,
BANGALORE - 560009.
3. SRI KAREE GOWDA I.A.S.,
S/O SIDDEGOWDA,
AGED ABOUT 53 YEARS,
WORKING AS DIRECTOR,
DIRECTORATE OF ATALJI
JANASNEHI KENDRA,
SSLR BUILDING,
K R CIRCLE,
BANGALORE - 560001.
4. SRI. SHIVANAND KAPASHI I.A.S.,
S/O BHIMAPPA KAPASHI,
AGED ABOUT 55 YEARS,
WAITING FOR POSTING,
DEPARTMENT OF PERSONNEL
AND ADMINSTRATIVE REFORMS,
VIDHANA SOUDHA,
BANGALORE - 560001.
5. SRI H. BASAVARAJENDRA I.A.S.,
S/O B HONNAPPA,
AGED ABOUT 53 YEARS,
WORKING AS COMMISSIONER,
HINDU RELIGIOUS INSTITUTIONS
AND CHARITABLE
ENDOWMENTS DEPARTMENT
VENKATRAO ROAD, CHAMARAJPET,
BANGALORE - 560018.
6. SRI. P. VASANTHA KUAMR, I. A. S.,
S/O LATE PUTTAMADAIAH,
AGED ABOUT 50 YEARS,
WORKING AS MANAGING DIRECTOR,
KARNATAKA PUBLIC LAND CORPORATION,
URBAN D. C. OFFICE COMPLEX,
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K G ROAD,
BANGALORE - 560001.
...PETITIONERS
(BY SRI. SATISH K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BANGALORE - 560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BANGALORE - 560001
...RESPONDENTS
(BY SRI. REUBEN JACOB, AAG A/W
SRI. S.C. DESHMUKH, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE HON BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION
NOS. 2781-87/2021 (ANNEXURE-A), SET ASIDE THE ORDER
DATED 03/08/2023 PASSED BY THE HON BLE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN
APPLICATION NOS.2781-87/2021 (ANNEXURE-A) AND
CONSEQUENTLY ALLOW THE MEMO DATED 03/08/2023 FILED
BY THE PETITIONERS AND PRAYER AS SOUGHT THERE UNDER
(ANNEXURE-D) AND ETC.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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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)
Petitioners in both the above writ petitions are before
this Court questioning the impugned order dated
12.04.2023 in Application No.3175/2021 as well as
impugned order dated 03.08.2023 in Application No.2781-
2787/2021 passed by the Karnataka State Administrative
Tribunal, Bengaluru Bench, Bengaluru rejecting petitioners'
applications filed seeking deferment of hearing of the
applications till the final disposal of WP No.9074/2022 and
WP No.11092/2023, which are pending consideration
before this Court.
2. Heard learned counsel Sri.K.Satish for
petitioners as well as learned AAG Sri.Reuben Jacob along
with learned AGA Sri.S.C.Deshmukh for respondents in
both the above writ petitions.
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3. Learned counsel Sri.K.Satish for the petitioners
would submit that the petitioners approached the Tribunal
in their respective applications questioning the impugned
circular dated 01.06.2021 and particularly praying to
quash paragraph No.3 of the impugned circular insofar as
it relates to the applicants i.e., the petitioners herein.
Learned counsel for the petitioners would submit that the
petitioners had earlier approached the Tribunal in various
applications questioning the alteration of their position in
the revised select list dated 30.01.2021 relating to the
Gazetted Probationers 1998 select list. However, their
prayer to quash the said revised select list dated
30.01.2021, insofar as petitioners are concerned, was
rejected. Against the said rejection of the prayer of the
petitioners, they are before this Court in WP
No.9074/2022 and WP No.11092/2023.
4. The petitioners approached the Tribunal in
Application No.3175/2021 as well as Application Nos.2781-
2787/2021 questioning the circular dated 01.06.2021
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(Annexue-A14) in WP No.11092/2023, whereunder the
Government issued certain clarifications for fixing of
seniority of candidates selected under revised select list
dated 30.01.2021 and in terms of the Karnataka Civil
Services (1998 Batch Gazetted Probationers) (Declaration
of Probation and Fixation of Pay) (Special) Rules 2021.
During the pendency of the application, separate
interlocutory applications were filed praying for deferment
of the applications till disposal of their respective writ
petitions pending before this Court, wherein they had
challenged the revised select list dated 30.01.2021
relating to Gazetted Probationers of 1998. The Tribunal
under impugned order dismissed the interlocutory
applications of the petitioners for deferring the hearing of
the applications, observing that their prayer is untenable
under law. Questioning the said impugned order dated
12.04.2023 and 03.08.2023, the petitioners are before
this Court in the above writ petitions.
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5. Heard Sri.K.Satish, learned counsel for
petitioners and learned Additional Advocate General
Sri.Reuben Jacob along with Sri.S.C.Deshmukh, learned
Additional Government Advocate for respondents No.1 and
2. Perused the entire writ petition papers.
6. Learned counsel Sri.K.Satish would submit that
the Tribunal is not justified in rejecting the I.A. of the
petitioners whereunder the petitioners had sought for
deferment or stay of the proceedings in Application
No.3175/2021 since identical issue is pending before this
Court in W.P.No.9074/2022. Learned counsel would
submit that, earlier the petitioners had approached the
Tribunal in Applications No.770-778/2021, questioning the
revised select list dated 30.10.2021 relating to Gazetted
Probationers 1998, insofar as alteration of their ranking.
It is stated that the Tribunal rejected their applications by
order dated 22.04.2022, which is challenged before this
Court in W.P.No.9074/2022 and W.P.No.11092/2023
which are pending consideration before this Court. It is
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submitted that, till the disposal of those writ petitions, it
would be appropriate for the Tribunal to defer the hearing
of the Application No.3175/2021 and Application
Nos.2781-2787/2021. Learned counsel would submit that
in the above stated Applications, the petitioners have
questioned the Circular dated 01.06.2021, wherein,
certain clarifications are issued to the Rules i.e., Karnataka
Civil Services (1998 Batch Gazetted Probationers)
(Declaration of Probation and Fixation of Pay) (Special)
Rules 2021 (for short “Rules, 2021”). Learned counsel for
the petitioners would submit that the Circular takes away
the seniority already granted to the petitioners, as such, it
would not be appropriate to determine their seniority while
their dispute with regard to alteration of ranking in revised
selection list, 2021 is pending consideration before this
Court.
7. On the other hand, learned AAG would submit
that the issue in the Application pending before the
Tribunal, where the impugned interim order is under
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challenge is different from the issue that is pending in
W.P.No.9074/2022 and W.P.No.11092/2023. The issue
involved in the applications and the issue pending before
this Court in the above stated writ petitions are not similar
or identical. It is submitted by the learned Additional
Advocate General that issue in W.P.No.9074/2022 and
W.P.No.11092/2023 relates to revised select list of
Gazetted Probationers of 1998, whereas, the subject
matter of application in the instant writ petition is with
regard to Circular dated 01.06.2021. Therefore, he prays
for dismissal of the writ petition.
8. Having heard the learned counsel for the parties
and on perusal of the entire writ petition papers, we are of
the considered view that the petitioners have not made
out any ground to interfere with the impugned order
passed by the Tribunal. Furthermore, the petitioners have
failed to establish that the issue involved in both the
proceedings are one and the same.
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9. The principles with regard to stay of suits or
proceedings could be found under Section 10 of the Code
of Civil Procedure, 1908. Section 10 of CPC makes it clear
that, if the issue in the subsequently instituted
proceedings is also directly and substantially in issue in a
previously instituted proceedings between the same
parties, or between parties under whom they or any of
them claim litigating under the same title where such suit
is pending in the same or any other Court, the Court in
which subsequent proceedings is instituted could stay the
proceedings. In other words, it is foremost to establish
that issue involved in both the proceedings are identical or
one and the same. In the instant case, though learned
counsel submitted that the issue in both the applications
pending before the Tribunal as well as the writ petitions
pending before this Court are similar and identical,
petitioner has failed to establish how the issues are one
and the same. Paragraph 5 of the affidavit enclosed to
I.A. for deferment reads as follows:
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“5. I state that the larger issue in respect of
1998 Gazetted Probationers in batch of Petitions
including Writ Petition No.9074/2022 are pending
consideration before the Division Bench of the
Hon’ble High Court. The said batches of Petitions
are substantially heard before the Hon’ble High
Court. The Division Bench has treated the matter
as “Part Heard” and in the midway of hearing, I
state that final outcome of the Hon’ble High Court
in the said batch of Petitions will have a direct
bearing on the issue raised in the instant Case. In
other words, I state that the final outcome of the
Hon’ble High Court is necessary for deciding the
present lis.”
10. Moreover, the petitioner has not placed on
record the pleadings of Writ Petition No.9074/2022 or
W.P.No.11092/2023 to establish that the issue involved in
the said writ petitions are identical or similar to the issue
involved in the Applications pending before the Tribunal in
Application No.3175/2021 as well as Applications No.2781-
2787/2021.
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11. As could be gathered from the materials on
record in the present writ petitions, it is seen that the
issue or dispute in the pending writ petitions before this
Court relates to the alteration of petitioner’s position in the
revised select list of Gazetted Probationers 1998, whereas
the issue involved in the applications pending before the
Tribunal is with regard to Circular dated 01.06.2021,
clarification issued to 2021 Rules with regard to seniority
and pay fixation of the selected candidates under revised
Gazetted Probationers Group-A and Group-B, 1998. In
fact, it is noticed that the petitioners are in advantageous
position having higher ranking in the revised select list and
by virtue of interim order granted in the writ petitions
pending before this Court, the petitioners are continuing in
the present position held by them prior to the revised list.
12. The petitioners have failed to point out as to
how the issue involved in the present writ petitions and
the issue involved in the Applications pending before the
Tribunal are identical or one and the same. Further, the
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petitioners have not placed on record before this Court,
the pleadings of W.P.No.9074/2022 and
W.P.No.11092/2023 so as to examine the exact issue
involved in the writ petitions as well as in the applications.
13. For the reasons recorded above, we are of the
considered opinion that there is no merit in the writ
petition and accordingly, the writ petitions stand rejected .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS/MPK
CT:TSM
List No.: 1 Sl No.: 19