(By SRI ICR.BHAVANI SHANKAR, ADV.) v. THIS WRIT PETITION FILLY) U/A 226 & 227
Case at a glance
Key paragraphs
- Para 44. A reading of the impugned endorsement do not specify the reasons on which the claim of the petitioner for retrospective promotion was denied. In the absence of any reasons in the impugned endorsement the same is to be held as non-speaking order. On this…
Judgment
(By SRI ICR.BHAVANI SHANKAR, ADV.) AND: DIRECTOR & COMMISSIONER MUNICIPAL ADMINISTRATION DEPARTMENT 9Th FLOOR, VISHVESHARAIAH TOWERS BANGALORE-560001. (By SMT.MANJULA R.KAMAt)ALU, HCGP) RESPONDENT 2 THIS WRIT PETITION FILLY) U/A 226 & 227 OF COP STITUTION OF LYDIA WITH I. PRAYER TO QUASH THE IMPUGNED ENDORSEMENT DTA. 10012 ISSUED BY THE RESPOI.PDENT ANNEXUREOF A..ND ETC. This petition coming on for preliminary hearing ‘N gronp, this day, the eonrt ma..de the following; ORDER SmtA4anjnla RKamadalli, learned HCGP is directed to take notice for respondent.
In this writ petition the petitioner has prayed for a writ in the natnre of certi.orari to qnash the endorsement dated 4 1 9019 . I O ‘m niiiexuic r
On 700011 petitioner wra promoted to the cadre of Office manager. The grievance of the petitioner is that he is entitled for retrospective promotion from 2850005. Petitioner representation a.s per AnnexurmE dated 24A 10011 reqnesting the respon.dent to e•xtend the beneht of promotion from 2005. Under ti.re hnpngn.ecl endcrsement the respondent rejected th.e c.la.i.n. otthe petiti.cn.er. Hence tl.i.is wrh petition I 3
A reading of the impugned endorsement do not specify the reasons on which the claim of the petitioner for retrospective promotion was denied. In the absence of any reasons in the impugned endorsement the same is to be held as non-speaking order. On this ground alone the impugned order is liable to be quashed. Petitioner is entitled to know the reasons for the denial of his claim for promotion from 2005. The matter requires to be remanded to the respondent for reconsideration in accordance with law. For the reasons stated above, the following: 1) ii) ORDER Vrit petition is hereby allowed. The impugned endorsement dated 4.1.2012 is hereby quashed. iii) The matter is remanded to the first respondent for fresh disposal in accordance with law by assigning proper reasons. iv) Ordered accordingly. I I.-., * 4 v) Learned Government Pleader is pennitted to file memo of appearance within three weeks. 3TJDGE DKB
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.