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2025 DAILYLAW 44885 (KAR)

SMT. VARSHA D/O PARAMESHWAR KAMBLI W/O H ANJANEYA v. THE PRINCIPAL SECRETARY

WP/101201/2025 · 2025-02-24

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3703 WP No. 101201 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101201 OF 2025 (S-TR) BETWEEN: SMT. VARSHA D/O. PARAMESHWAR KAMBLI W/O. H. ANJANEYA, AGE. 35 YEARS, OCC. SERVICE, R/O. UMASHANKAR NAGAR, RANEBENNUR, NOW AT: H.NO.150/2, HUCHAGANGAMMA STREET, VIDYANAGARA, SHIMOGA. …PETITIONER (BY SRI DINESH M. KULKARNI, SMT VAISHANVI INAMADHAR, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPT. OF HELATH AND FAMILY WELFARE VIKAS SOUDHA, BENGALURU -560023. 2. MANAGING DIRECTOR, N.H.M. AROGYA SOUDHA, MAGADI ROAD, BENGALURU -560023. 3. DIST. HEALTH OFFICER, DIST. HEALTH AND FAMILY WELFARE, OFFICE, KARWAR, DIST. KARWAR -581301. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:3703 WP No. 101201 of 2025 4. TALUKA MEDICAL OFFICER, TALUKA HOSPITAL, JOIDA -581186. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO I) TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO CONSIDER THE TRANSFER REQUEST OF THE PETITIONER BY CONSIDERING THE COMMUNICATION BEARING NO. DATED 28-08-2023 VIDE ANNEXURE-D PRAYED FOR. II) TO GRANT ANY OTHER WRIT/RELIEF DEEMED APPROPRIATE BY THIS HON’BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioner is before this Court seeking a direction to consider the request of the petitioner for grant of maternity leaves. 2. Heard the learned counsel Smt.Vaibhavi Inamdar appearing on behalf of the learned counsel Sri.Dinesh M.Kulkarni appearing for the petitioner and the learned HCGP Smt.Kirtilata R.Patil representing the respondent-State. - 3 - NC: 2025:KHC-D:3703 WP No. 101201 of 2025 3. The petitioner is appointed as a Lab Technician on contract basis in Joida Taluk Hospital on 29.08.2017. The petitioner seeks grant of maternity leave on 06.02.2023 and requested a transfer to Hole Hunnur, Shivamogga district, as it is the matrimonial house and would be easy to take care of the child at work as she is working on contract basis on a National Health Project. The representation has not met its consideration. Therefore, the petitioner is before this Court. 4. The learned counsel HCGP would submit that if reasonable time is granted, the representation of the petitioner would be considered and appropriate orders will be passed. 5. In that light, I deem it appropriate to dispose the petition, directing the 2nd respondent to consider the case in the petitioner as she is wanting maternity leave and transfer for the purpose of taking care of the child. The grant of maternity leave should have some meaning. - 4 - NC: 2025:KHC-D:3703 WP No. 101201 of 2025 Therefore, the representation should merit a meaningful consideration at the hands of the 2nd respondent. 6. The representation of the petitioner shall merit consideration and appropriate orders be passed in accordance with law, within 3 weeks from the date of receipt of copy of the order, if not earlier. Sd/- ____________________ JUSTICE M.NAGAPRASANNA kgk List No.: 1 Sl No.: 82