- 1 - HC-KAR NC: 2025:KHC:45375-DB W.A. No.1091/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.1091/2023 (S-RES) BETWEEN: DR. LEELAVATHI .V W/O DR. N. NAVEEN AGED ABOUT 50 YEARS WORKING AS ASSISTANT PROFESSOR INSTITUTE OF NEPHRO UROLOGY VICTORIA, HOSPITAL CAMPUS BENGALURU 560002. …APPELLANT (BY DR. LEELAVATHI V, APPELLANT) AND: 1. DR. SREEDHARA C.G. S/O GURUSIDDIAH C.K. AGED 52 YEARS WORKING AS ASSOCIATE PROFESSOR AND HEAD OF DEPARTMENT (I/C) DEPARTMENT OF NEPHROLOGY INSTITUTE OF NEPHRO UROLOGY VICTORIA HOSPITAL CAMPUS BENGALURU 560002. 2. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) M.S. BUILDING, 4TH STAGE, 6TH FLOOR DR. AMBEDKAR ROAD Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45375-DB W.A. No.1091/2023 BENGALURU 560001. 3. THE DIRECTOR INSTITUTE OF NEPHRO UROLOGY VICTORIA CAMPUS BENGALURU 560002. 4. THE GOVERNING COUNCIL INSTITUTE OF NEPHRO UROLOGY REP. BY ITS CHIEF ADMINISTRATIVE OFFICER VICTORIA CAMPUS BENGALURU 560002. …RESPONDENTS (BY SRI. SRIDHAR G. BEDRE, ADV., FOR SRI. RAGHAVENDRA G. GAYATHRI, ADV., FOR C/R1 SMT. PRAMODHINI KISHAN, AGA FOR R2 SRI. K.M. PRAKASH, ADV., FOR R3 & R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE FINAL ORDER DATED AUGUST 08, 2023 PASSED BY THE SINGLE BENCH OF THIS HONBLE COURT IN W.P No.23876/2022 (S-RES) AND CONSEQUENTLY DISMISS THE SAID PETITION WITH EXEMPLARY COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed challenging the order dated 08.08.2023 passed by the learned Single Judge in W.P.No.23876/2022. - 3 - HC-KAR NC: 2025:KHC:45375-DB W.A. No.1091/2023 2. Learned counsel appearing for the appellant submits that he has retired from the matter and he is no longer representing the appellant. 3. Learned AGA as well as learned counsel for respondent No.2 submit that the order in CCC.No.1168/2023 has been taken up before the Apex Court in SLP (C) Diary No.2805/2025 and the same has been disposed of by order dated 28.02.2025 upholding the impugned order dated 04.12.2024. Further it has been stated in the said order as follows: "4. In our considered opinion, no case to interfere with the impugned order of the High Court is made out. A deputationist cannot claim absorption as a matter of right save and except there is an express Rule or legally enforceable provision to that effect. No such Rule or Policy has been cited by the petitioner before us or the High Court. 5. The only direction issued was to consider the petitioner’s claim for absorption, which was favourably considered and she was absorbed. The petitioner herself seems to have invited problem by insisting for retrospective absorption. Such a claim, being impermissible in law, has rightly been declined. 6. We are, however, of the view that repatriation of the petitioner, when she has served the Institute for more than two decades, may not be in public interest. We, accordingly, even without hearing the respondents, grant liberty to the petitioner to submit a representation to the State Government/Governing Council of the Institute to reconsider their decision dated 18.06.2024 and allow her to continue in the Institute based upon the order - 4 - HC-KAR NC: 2025:KHC:45375-DB W.A. No.1091/2023 of absorption passed earlier. We have no reason to doubt that if the petitioner submits such a representation within one week, the Authorities will consider the same sympathetically. 7. The special leave petition is, accordingly, disposed of. 8. All pending applications, if any, also stand disposed of." 4. The learned counsel appearing for the respondent submits that in the light of the order passed by the Apex Court in SLP, nothing survives for consideration in this writ appeal. The direction issued by the learned Single Judge was also to respondent No.3/Institute to consider the claim of respondent No.1/petitioner for promotion in accordance with law. In the above view of the matter, we are of the opinion that nothing survives for consideration in this appeal. The appeal is accordingly closed. The direction of the learned Single Judge shall be given effect to. All pending applications, if any, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 11