- 1 - HC-KAR NC: 2025:KHC:20239 WP No. 15261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15261 OF 2025 (S-RES) BETWEEN: SMT ROOPASHREE S W/O PAVAN KUMAR.T AGED ABOUT 32 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER MYSURU URBAN DEVELOPMENT AUTHORITY ZONE-5A, MYSURU-570 005. R/AT NO.2359, ADICHUNCHANGIRI ROAD KUVEMPU NAGARA, MYSURU-570 023. …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001. 3. THE DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION V.V.TOWER, DR.AMBEDKAR VEEDHI BENGALURU-560 001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20239 WP No. 15261 of 2025 4. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY/ MYSORE DEVELOPMENT AUTHORITY MYSURU-570 011. 5. SMT.M.V.NUTAN ASSISTANT EXECUTIVE ENGINEER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, (UNDER COMPULSORY WAITING), OFFICE OF CHIEF ENGINEER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT BENGALURU-560 001. …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R1 TO R3: SRI T P VIVEKANANDA., ADVOCATE FOR R4: SRI. PRAKASH M PATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS RELATING TO ISSUE OF IMPUGNED NOTIFICATION BEARING NO.NA AA E 297 MY AA PRA 2025 (E) DATED 09.05.2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-D, AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO POSTING OF RESPONDENT NO.5 IN PLACE OF THE PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India challenging the order dated 09.05.2025 vide Annexure-D passed by the second - 3 - HC-KAR NC: 2025:KHC:20239 WP No. 15261 of 2025 respondent, whereby respondent No.5 has been deputed to the post of Assistant Executive Engineer, MUDA, in place of the petitioner. 2. The petitioner was working as an Assistant Executive Engineer, Tumakuru City Corporation. By order dated 30.05.2022, she has been deputed to Mysuru Urban Development Authority, Mysuru, for a period of two years or until further orders. When she was working at MUDA, Mysuru, she had applied for leave on maternity grounds. The same has been sanctioned vide Annexure-C, dated 29.01.2025, for a period of 180 days from 27.01.2025 to 26.07.2025. In the meantime, as per the impugned order, dated 09.05.2025 vide Annexure-D, the petitioner has been repatriated to her parent department and in petitioner’s place fifth respondent has been deputed as Assistant Executive Engineer. Being aggrieved, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:20239 WP No. 15261 of 2025 3. The only grievance of the petitioner is that, during the period of maternity leave, she has been repatriated to her parent department. 4. It is not in dispute that the petitioner was deputed to MUDA, Mysuru, by an order dated 30.05.2022 for a period of two years or until further orders, once she has accepted the same, after completion of two years, when the impugned order was passed, she cannot turn down and say that she cannot be repatriated to her parent department. The impugned order is passed in accordance with law. 5. The learned counsel for the petitioner submits that the petitioner submitted a representation to accommodate her at Mysuru in any other post other than the post of the fifth respondent. If such a representation is made, the competent authority be directed to consider the same. 6. In view of the above, the following order is made: (i) The writ petition stands disposed of. - 5 - HC-KAR NC: 2025:KHC:20239 WP No. 15261 of 2025 (ii) The petitioner is entitled for all the benefits in the maternity leave period, as law provides. (iii) If the petitioner makes any representation to the authorities to accommodate her at Mysuru, the same may be considered by the competent authority in accordance with law. (iv) From the date of the impugned order, i.e., from 09.05.2025 till 26.07.2025, since the petitioner is on maternity leave, she is entitled to salary from her parent department. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 62