Smt.Manjula H N Vs Principal Secretary — Karnataka HC (2025) — LawSathi Research

Smt.Manjula H N Vs Principal Secretary — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:43083-DB WA No. 1752 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT APPEAL NO. 1752 OF 2025 (S-RES)

BETWEEN:

SMT. MANJULA H N W/O BASAVARAJU K N, AGED ABOUT 48 YEARS, WORKING AS PROJECT MANAGER, NIRMITHI KENDRA, CHAMARAJANAGARA, R/AT GROUND FLOOR, SREE BEERESHWARA NILAYA SHREE CHAITANYA RESIDENTIAL LAYOUT, MASAGAPURA, CHAMARAJANAGARA-571 313.

Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA, BENGALURU

(BY SRI. SHIVA KUMAR N., ADVOCATE)

AND:

…APPELLANT

PRINCIPAL SECRETARY HOUSING DEPARTMENT, GOVERNMENT OF KARNATAKA OFFICE AT 2^ND FLOOR, VIKASA SOUDHA, BENGALURU-560 001.

MANAGING DIRECTOR, RAJIV GANDHI VASATHI NIGAMA, ALSO, CHIEF EXECUTIVE OFFICER, KARNATAKA RAJYA NIRMANA KENDRA,

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OFFICE AT 9^TH FLOOR, E AND F BLOCK, KAVERI BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009.

DEPUTY COMMISSIONER, CHAMARAJNAGARA, ALSO, CHAIRMAN, NIRMITHI KENDRA, CHAMARAJANAGARA OFFICE AT ZILLA ADALITHA BHAVANA, CHAMARAJANAGARA-571313.

DIRECTOR, KARNATAKA RAJYA NIRMANA KENDRA, OFFICE AT SY. NO.18, OPP. BEST COUNTY BUS STOP, NEAR SAMBRAM COLLEGE, CHIKKABETTAHALLI, HESARAGHATTA MAIN ROAD, VIDYARANYAPURA POST, BENGALURU-560 097.

…RESPONDENTS

(BY SRI. MOHAMMAD JAFFER SHAH, AGA FOR R1 AND R3; SRI. RAHUL P., ADVOCATE FOR C/R4 IN CP 23043/2025 AND 23044/2025)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO PASS AN ORDER SETTING ASIDE THE ORDERS DATED 13.10.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.25898/2025 AND CONSEQUENTLY PASS AN ORDER STAY THE OPERATION IMPUGNED ORDER OF RETRACTION OF DEPUTATION DATED 28.07.2025 WITH NO.KARNIK:25:NI:K:46:2025/7428 ISSUED BY RESPONDENT NO.2 HEREIN AND ALSO IMPUGNED ORDER OF RELIEVING PETITIONER FROM DUTY DATED 16.08.2025 WITH NO.NIRMITHIKENDRA/YO.VYA/NEMAKATHI/01/2023-24 ISSUED BY RESPONDENT NO.3 BY ALLOWING THE INSTANT WRIT APPEAL.

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NC: 2025:KHC:43083-DB WA No. 1752 of 2025

HC-KAR

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and

HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ appeal has been filed against the impugned order dated 23.08.2025 passed by the learned

Single Judge in W.P.No.25898/2025. The

petitioner/appellant was appointed on deputation as a Project Manager in Karnataka Rajya Niramana Kendra, the State Government undertaking. The petitioner's two-year tenure on deputation ended on 12.10.2023. It appears that the said Government undertaking is not pleased with the work and conduct of the petitioner herein, therefore, they wanted to repatriate her to her parent department before the two years ended. However, the petitioner filed W.P. No. 25113/2023, challenging the order of repatriation dated 08.11.2023.

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Learned Single Judge considering the facts and circumstances of the case and the law on deputation, allowed the petitioner to complete her two-year tenure on deputation or until a permanent person is appointed as a project manager.

Admittedly, the petitioner completed her two years of tenure of deputation on 11.02.2023 under the said government undertaking. We asked the learned counsel for the petitioner to show her right to continue in the organization on deputation after the initial period of two years got over.

Learned counsel for the petitioner/appellant has fairly submitted that an employee on deputation cannot claim as a matter of right to continue on deputation beyond the period of deputation. The only seat anchor of his argument is some resolution passed by respondent No.3. When the appointing authority has taken the decision to repatriate the petitioner/appellant after her

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HC-KAR

initial tenure on deputation got over, we do not think that the any such resolution would confer her with a right to continue beyond her initial period of deputation when the competent authority does not want her to continue in the undertaking. Even otherwise, in earlier round of litigation before this Court, it was directed that she should not be disturbed for a period of two years. The two-year period got over on 11.02.2025 and a new person has been appointed. Therefore, we do not consider that there is any merit in the submissions made by the learned counsel for the appellant/petitioner.

Accordingly, the writ appeal stands dismissed .

Sd/(D K SINGH) JUDGE

Sd/(TARA VITASTA GANJU) JUDGE

GJM

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