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2025 DAILYLAW 29071 (KAR)

T H NETHRAVATHI v. THE MANAGING DIRECTOR KSRTC

WP/17004/2022 · 2025-02-12

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:6189 WP No. 17004 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 17004 OF 2022 (S-KSRTC) BETWEEN: T.H. NETHRAVATHI W/O T. MAHADEVAPPA AGE ABOUT 42 YEARS R/A "SREENILAYA" HOUSE NO.95, NEAR SURYAPUTRA CIRCLE CMC LAYOUT, CHITRADURGA TOWN - 577 501 …PETITIONER (BY SRI. M.C. BASAVARAJU, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES K.H. ROAD, SHANTHINAGAR BANGALORE - 560 027 2. THE DIVISIONAL CONTROLLER KSRTC, CHITRADURGA DIVISION CHITRADURGA - 577 527 …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED OFFICE ORDER BEARING NO.KARASA/CHIVI/SIBBANDI/C-1/372/22.23 DATED 07.06.2022 VIDE ANNEXURE-K TO THE WRIT PETITION ISSUED BY THE R2 IN SO FAR AS ACCOMMODATION OF LIGHT Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:6189 WP No. 17004 of 2022 WORK TO THE PETITIONER ONLY FOR A PERIOD OF THREE MONTHS IS CONCERNED AND ETC., THIS W.P., COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. The petition is filed assigning the order dated 07.06.2022 marked at Annexure-'K'. The petitioner has also sought a writ of mandamus directing respondent No.2 to provide light work to the petitioner on account of alleged permanent disability suffered by the petitioner. 3. Learned counsel appearing for the respondents on instruction would submit that the petitioner is required to obtain the medical certificate from the competent board in Mysuru. 4. Learned counsel for the petitioner would submit that as per the direction of the Corporation, the petitioner - 3 - NC: 2025:KHC:6189 WP No. 17004 of 2022 will subject herself to the medical test by the competent board in Mysuru. 5. It is also noticed that prima-facie, the petitioner has produced the disability certificate at Annexure-J, which reveals that the petitioner has suffered 41 to 50%. Though the respondents-Corporation at this juncture is not admitting the disability mentioned therein, considering the submission that both the parties are willing to get a certificate done from the competent board in Mysuru, this Court is of the view that the petition can be disposed of by issuing following direction. 6. Hence, the following: ORDER (i) The order dated 07.06.2022 passed by the Divisional Controller, KSRTC, Chitradurga, vide Annexure-'K' is hereby quashed. (ii) The respondents-Corporation is directed to assign light work to the petitioner till the competent board in Mysuru issues - 4 - NC: 2025:KHC:6189 WP No. 17004 of 2022 certificate and thereafter, the board shall take appropriate decision based on the disability assessed by the competent board. It is further made clear that nothing is expressed on the disability claimed by the petitioner. All contentions are kept open. In view of the disposal of the main petition on merits, pending IA No.1/2024 is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE BH List No.: 1 Sl No.: 9