- 1 - NC: 2025:KHC:15271 WP No. 9818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 9818 OF 2025 (S-KSRTC) BETWEEN: SHIVAKUMAR. S S/O LATE SIDDAIAH, AGED ABOUT 49 YEARS, WORKING AS DRIVER, (NOW RE-CATEGORIZED AS OOD LIGHT DUTY), BADGE NO. 6357, SATHAGALLI DEPOT, K.S.R.T.C, MYSORE- 570011, RESIDING AT NO. 344, NEAR GOVERNMENT SCHOOL, YARAGANAHALLI, SHAKTINAGAR POST, MYSORE-570011. …PETITIONER (BY SMT. RASHMI K., ADVOCATE) AND: 1. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD, BANGALORE-560 027, REPRESENTED BY MANAGING DIRECTOR. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:15271 WP No. 9818 of 2025 2. THE DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, MYSORE CITY DIVISION, MYSORE-570004. 3. DEPOT MANAGER, SATHAGALLI DEPOT, K.S.R.T.C, MYSORE-570011. 4. DIRECTOR (P AND V) AND CHAIRMAN, ALTERNATE POSTING VERIFICATION COMMITTEE, KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, BANGALORE-560 027. …RESPONDENTS (BY SMT. H.R. RENUKA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE PROPOSED ACTION SEEKING TO WITHDRAW THE LIGHT DUTIES ALLOTTED TO PETITIONER IS ARBITRARY, ILLEGAL AND VIOLATIVE OF SECTION 47 OF THE DISABILITIES ACT AND ALSO CONTRARY TO THE MEDICAL CERTIFICATES ISSUED TO THE PETITIONER FROM TIME TO TIME, COPIES OF WHICH ARE PRODUCED AT ANNEXURE-C AND C1; DIRECT THE 2ND RESPONDENT TO SECURE THE RECORDS PERTAINING TO THE MEDICAL ASSESSMENT AND EXAMINATION CONDUCTED ON THE PETITIONER DURING THE YEARS 2016, 2021, 2022 AND 2024, INCLUDING THE MEDICAL CERTIFICATES ISSUED BY THE MEDICAL BOARDS FROM TIME TO TIME AND IF THE MEDICAL CERTIFICATES SUFFICIENTLY DISCLOSE THE NATURE AND EXTENT OF DISABILITY ACQUIRED BY THE PETITIONER, DIRECT THE 2ND RESPONDENT TO CONSIDER THE SAME FOR CONTINUING THE PETITIONER ON LIGHT - 3 - NC: 2025:KHC:15271 WP No. 9818 of 2025 DUTIES, WHICH HE HAS BEEN DISCHARGING FROM THE YEAR 2016, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who is appointed as a Driver but is assigned light work duty because of the disability suffered by him consequent to the injuries in a road accident in the year 2008, is aggrieved by the respondents' decision to call upon him to appear before a Medical Board and produce a recent Medical Certificate. Ms. Renuka H.R., the learned counsel for the respondents, submits, on instructions, that the petitioner cannot be aggrieved by the decision to call upon him to appear before a Medical Board because his disability will have to be reassessed in terms of a Certificate to be issued by the Competent Medical Board inline with the directions issued by the Co- - 4 - NC: 2025:KHC:15271 WP No. 9818 of 2025 ordinate Bench of this Court in W.P.No.16755/2022. When queried, the learned counsel submits that the petitioner would indeed be continued with light work but he must produce such Certificate within a reasonable time. The statement that the petitioner will be continued on light duty until he produces a Disability Certificate by the Competent Medical Board must alley all fears of disturbance without considering his physical condition, but the petitioner must, within a certain timeframe, appear before the Medical Board and produce Disability Certificate. In fact, in similar cases, this Court has provided for a similar arrangement, and a reference could be made to this Court's order in W.P.No.8367/2025, which is decided on 27.03.2025. In the light of the afore, the following: ORDER The petition stands disposed of directing the petitioner to appear before the - 5 - NC: 2025:KHC:15271 WP No. 9818 of 2025 Competent Medical Board filing a copy of the orders of this Court in W.P.No.16755/2022 and W.P.No.8367/2025 and produce a Medical Certificate within two [2] months from today. It is needless to observe that assignment of work as of today shall be considered for change based on such Disability Certificate. SD/- (B M SHYAM PRASAD) JUDGE RB