- 1 - HC-KAR NC: 2026:KHC:28099-DB WP No. 17214 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 17214 OF 2026 (S-KSAT) BETWEEN: SMT SHWETHA K.B D/O. BALAKRISHNA, AGED ABOUT 41 YEARS, ASSISTANT EXECUTIVE ENGINEER, UNDER AN ORDER OF POSTING AS ASSISTANT EXECUTIVE ENGINEER, KARNATAKA STATE HIGHWAY DEVELOPMENT PROJECT, BENGALURU (MALUR), PWD ANNEXE BUILDING, AMBEDKAR VEEDHI, BENGALURU 560 001. RESIDING AT D. NO.34, EHADITHYA, SRIGHANADHADA KAVAL, SUNKANDAKATTE, BENGALURU - 560 091. …PETITIONER (BY SRI. PRITHVEESH M.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28099-DB WP No. 17214 of 2026 2. THE STATE OF KARNATAKA, DEPARTMENT OF PUBLIC WORKS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU 560 001. 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU 560 001. 4. THE DEVELOPMENT OFFICER-2 2ND FLOOR, MAHARSHU ARVIND BHAVAN, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU 560 009. 5. SRI. AKHILESH B. KUSAGUR, FATHER/HUSBAND NAME NOT KNOWN TO THE PETITIONER, MAJOR WORKING AS ASSISTANT ENGINEER, UNDER AN ORDER OF POSTING AS ASSISTANT EXECUTIVE ENGINEER RANGE-2, KIADB, BENGALURU - 560 001 (EARLIER WORKING AS ASSISTANT ENGINEER, RANGE CIRCLE, KIADB, BENGALURU). …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1-R4, SMT. MANJULA V.A, ADVOCTE FOR SRI. M. MADHUSUDHAN, ADVOCATE FOR C/R5 IN CP NO.13618/2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02/06/2026 PASSED IN APPLICATION NO.2708/206 BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH (ANNEXURE-A) INSOFAR AS REJECTION OF THE INTERIM ORDER AS PRAYED FOR BY THE PETITIONER AND CONSEQUENTLY GRANT THE INTERIM ORDER OF STAY AS PRAYED FOR BY THE PETITIONER BEFORE THE HON'BLE - 3 - HC-KAR NC: 2026:KHC:28099-DB WP No. 17214 of 2026 TRIBUNAL IN APPLICATION NO.2708/2026 (ANNEXURE-B) 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 MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court questioning non grant of interim order by order dated 02.06.2026 in Application No.2708/2026 passed by the Karnataka State Administrative Tribunal at Bangalore (for short “the Tribunal”). 2. Heard Sri.M.K.Prithveesh, learned counsel for the petitioner and Sri.K.R.Rajendra, learned Additional Government Advocate for respondents No.1 to 4 and Smt. Manjula V.A., for Sri. Madhusudhan, learned counsel for respondent No.5. Perused the entire writ petition papers. 3. Learned counsel Sri.M.K.Prithveesh for petitioner submits that the petitioner was deputed to work at KIADB on 05.06.2024. In pursuance of the Government Order, posting order was issued on 31.07.2024. It is submitted that the said - 4 - HC-KAR NC: 2026:KHC:28099-DB WP No. 17214 of 2026 order of deputation and posting was stayed by the Tribunal on 06.08.2024 and the same was vacated on 23.09.2024. On vacation of stay, it is submitted that the petitioner reported to duty on 05.10.2024 at KIADB. 4. Learned counsel would further submit that respondent No.5 was placed in independent charge under Rule 32 of Karnataka Civil Service Rules as Assistant Executive Engineer on 26.03.2026 and was posted in place of the petitioner under Annexure-'A5'-Notification dated 27.05.2026, while repatriating the service of the petitioner to her parent department i.e., PWD. 5. He further submits that, on the same day by another Notification, the petitioner was posted to work at Karnataka State Highway Development Project, Bangalore (Malur). Questioning the said order of posting, the petitioner was before the Tribunal. Before the Tribunal, the petitioner also sought interim stay of posting of respondent No.5 as well her posting to Bangalore (Malur). The Tribunal, under impugned order, refused to stay the order of posting observing that no - 5 - HC-KAR NC: 2026:KHC:28099-DB WP No. 17214 of 2026 hardship would be caused to the petitioner in case of non grant of interim order. 6. Learned counsel Sri M.K.Prithveesh urges several grounds including the ground that the petitioner has not completed her tenure at KIADB. 7. On the other hand, learned counsel Smt. Manjula V.A., appearing on behalf of respondent No.5 would submit that the petitioner was relieved of her duties by Official Memorandum dated 29.05.2026 (Annexure-R1) and respondent No.5 had assumed charge on obtaining permission from the Competent Authority. Thus, she prayed for dismissal of the petition. 8. The contentions urged by the petitioner including the contention that the petitioner has not completed her tenure shall be examined by the Tribunal at the time of final disposal of the application. Grant of interim order is the discretion of the Tribunal. The Tribunal in its discretion noting that the petitioner had already been relieved and the private respondent was permitted to report to duty, refused to grant the interim order. - 6 - HC-KAR NC: 2026:KHC:28099-DB WP No. 17214 of 2026 In the facts and circumstances, we are not inclined to interfere with the impugned order passed by the Tribunal. Accordingly, the writ petition is dismissed. All contentions of the parties are left open. The Tribunal shall proceed without being influenced by any of the observations made during the course of interim order. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 8