Karnataka High Court
WP/15864/2024 of SRI S H SRINIVAS Vs THE STATE OF KARNATAKA on 19 September 2026
CNR: KAHC010338842024 NC: 2026:KHC:51345-DB WP No. 15864 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 15864 OF 2024 (S-KSAT) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 15864 OF 2024 (S-KSAT)
BETWEEN:
1.
SRI S H SRINIVAS
S/O SRI C HONNAIAH
AGED ABOUT 50 YEARS
PRESENTLY WORKING AS SENIOR TYPIST/
SENIOR DATA ENTRY OPERATOR
OFFICE OF THE ASSISTANT DIRECTOR,
SOCIAL WELFARE DEPARTMENT,
MADDUR TALUK,
MANDYA DISTRICT - 571428
R/AT SOMANAHALLI VILLAGE AND POST,
MADDUR TALUK,
MANDYA DISTRICT 571429.
2.
SRI SRINIVASA H R
S/O H R RANGASWAMY
AGED ABOUT 50 YEARS
PRESENTLY WORKING AS SENIOR TYPIST/
SENIOR DATA ENTRY OPERATOR
OFFICE OF THE ASSISTANT DIRECTOR,
SOCIAL WELFARE DEPARTMENT,
ALUR TALUK, HASSAN DISTRICT-573201
R/AT DIVYA VIVEKA
M G ROAD, VIDYANAGARA 2ND STAGE,
OPPOSITE ANNAPOORNESHWARI
KALYANA MANTAPA, HASSAN-573202.
3.
SRI NARAYANA A B
S/O LATE BYRAPPA
AGED ABOUT 44 YEARS
PRESENTLY WORKING AS SENIOR TYPIST/
Digitally signed by
NANJUNDACHARI
Location: High
Court of Karnataka
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SENIOR DATA ENTRY OPERATOR
OFFICE OF THE ASSISTANT DIRECTOR,
SOCIAL WELFARE DEPARTMENT,
R/AT NO.125, AZAD ROAD,
SATHYANARAYANA VATARA,
SAKALESHPUR TALUK,
HASSAN-573134.
4.
SRI BASAVARAJ N NEGALURU
S/O NAGAPPA
AGED ABOUT 47 YEARS
PRESENTLY WORKING AS SENIOR TYPIST/
SENIOR DATA ENTRY OPERATOR
OFFICE OF THE ASSISTANT DIRECTOR,
SOCIAL WELFARE DEPARTMENT,
BYADAGI TALUK,
HAVERI DISTRICT - 581106
R/AT SOGI ONI, BYADGI
HAVERI – 581106.
…PETITIONERS
(BY SRI. BASAVARAJA PATEL G. K., ADV.)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF SOCIAL WELFARE,
VIKASHA SOUDHA,
BENGALURU- 560001
REP. BY ITS SECRETARY
2.
DEPARTMENT OF PERSONNEL
AND ADMINISTRATIVE REFORMS
VIKASHA SOUDHA,
BENGALURU - 560001
REP. BY ITS SECRETARY.
3.
THE COMMISSIONER
DEPARTMENT OF SOCIAL WELFARE,
M S BUILDING,
BENGALURU -560001.
…RESPONDENTS
(BY SRI. B S SUDHINDRA, HCGP)
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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS
RELATING TO THE IMPUGNED ORDER PASSED BY THE KARNATAKA
STATE
ADMINISTRATIVE
TRIBUNAL
AT
BENGALURU
DATED
29/11/2023
MADE
IN
APPLICATION
NOS.809-812/2023
VIDE
ANNEXURE-A PERUSE AND QUASH THE SAID ORDER AS ERRONEOUS
AND CONTRARY TO LAW, AND ALLOW THE APPLICATION NOS. 809- 812/2023 AS PRAYER SOUGHT THEREIN AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned counsel Sri.Basavaraja Patel.G.K., for petitioners and learned High Court Government Pleader Sri.B.S.Sudhindra for respondent Nos.1 to 3. Perused the entire writ petition papers.
2. The petitioners were before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) questioning notification dated 28.12.2022 issued under the Karnataka State Department of Social Welfare (Scheduled Castes Welfare) Service (Cadre and
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Recruitment) Rules, 2022 (for short, ‘Rules, 2022’) insofar as item No.14 is concerned and praying to include the cadre of Senior Typists/Senior Data Entry Operators for promotion to the cadre of Office Superintendent. The Tribunal under impugned order dated 29.11.2023 in Application Nos.809 to dismissed the Applications of the petitioners holding that it is the policy decision of the State and the Tribunal cannot substitute its opinion or decision for that of the State.
3. Learned counsel Sri.Basavaraja Patel.G.K., for petitioners would submit that the petitioners are working as Data Entry Operators/Senior Typists in the Department of Social Welfare and there is no promotion opportunity to the Data Entry Operators/Senior Typists. He would further submit referring to Annexure-A8 – the Cadre and Recruitment Rules that the respondents could have provided an opportunity of promotion to the cadre of Office Superintendent/Inspecting Assistant/SCSP
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Superintendents. It is further submitted that they are seeking promotion to the cadre of Office Superintendent, based on the pay scale which the Data Entry Operators/Senior Typists are provided.
4. On the other hand, learned High Court Government Pleader Sri.B.S.Sudhindra would submit that the Tribunal has rightly dismissed the Application holding that it is the policy decision of the State Government. Thus, he would pray for dismissal of the writ petition.
5. Having heard the learned counsel appearing for the parties, materials as well as impugned order passed by the Tribunal, we do not find any error or illegality in the impugned order passed by the Tribunal.
6. As observed by the Tribunal, providing promotion or otherwise is a policy decision of the State Government. However, the Government servants cannot be made to continue and retire without any promotion. In
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terms of the decision of the Hon’ble Apex Court, the State shall provide promotional opportunity to each cadre so as to avoid stagnation of a Government servant in a particular post or cadre. The promotion is an incentive for a Government servant to do better work.
7. In that circumstance, it is open for the petitioners to make representation to the State seeking promotional opportunity to the cadre of Data Entry Operators/Senior Typists. If such representation is made, we are sure the State would consider the same and pass appropriate order.
8. With the above, writ petition stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NC CT:bms