- 1 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.14957 OF 2022 (S-KSRTC) BETWEEN: MAHANTAGOUDA T. BIRADAR S/O LATE THIPPANAGOUDA, AGED ABOUT 39 YEARS, R/AT HANCHAYA AT & POST, RAMMANAHALLI HOBLI, MYSORE RURAL DISTRICT-570019. …PETITIONER (BY SRI M.C. BASAVARAJU, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE-560027. 2. THE DIVISIONAL CONTROLLER KSRTC, MYSORE DIVISION, BANNIMANTAPA, MYSORE-570015. …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT BEARING NO.KARASA:MY.V:C:E6:241: 2022-23 DATED 20.04.2022 VIDE ANNEXURE-P TO THE WRIT PETITION AND ETC. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking to quash the impugned endorsement bearing No.KARASA:MY. V:C: E6: 241:2022- 23 dated 20.04.2022 and directing respondent No.2 to provided any other alternative suitable post (light work) to the petitioner permanently in the respondents-Corporation in terms of 20(3) of KSRTC (Cadre and Recruitment) Regulations 1982 (hereinafter referred to as ‘Regulations’ for short) 2. Heard Sri M.C. Basavaraju, learned counsel for the petitioner and Smt. H. R. Renuka, learned counsel for respondents. 3. The grievance of the petitioner is that the petitioner is suffering from “IHD-OLD, AWMI, DCM with Severe LV Dys Function (EF-38%)” and the Medical Board certified his condition and recommended light duty. - 3 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 Despite the same, respondent No.2 has issued an endorsement to the petitioner under which his request has been rejected on the ground that the disability suffered by the petitioner does not come under the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as ‘Act, 2016’ for short). 4. Learned counsel for the petitioner submits that under 20(3) of the Regulations allows alternative or lower jobs for employees who suffer disability while in service and seeks to issue direction to the respondent to provide permanent alternative light work. 5. Per contra, learned counsel for the respondents submits that the heart disease is not a ‘disability’ as per Section 2(s) of the Act, 2016. The Regulation does not cover such cases, as the term ‘disability’ has to be under stood in the context of the Act, 2016. Therefore, the endorsement rejecting his request was justified. - 4 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 6. The petitioner is a permanent employee of the respondents-Corporation working as a driver cum conductor. The petitioner is suffering form “IHD-OLD, AWMI, DCM with Severe LV Dys Function (EF-38%)” and has produced Medical Certificate recommending light duty on account of his heart condition. 7. Regulation 20(3) gives power to provide an alternative job if an employee suffers ‘disability’ while in service. The said Regulation reads as under: “20 Reserve Powers: (3) Notwithstanding anything contained in these Regulations, the Corporation reserves its powers to provide suitable equivalent or lower job to an employee incapacitated during the discharge of his duties to perform the duties of a particular category of post held by him.” 8. From the above Regulation, it is very clear that any employee who has suffered ‘disability’ while in service, the Corporation has power to provide alternate equivalent or lower job to the employee. - 5 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 9. The meaning of ‘disability’ has to be understood in the context of Act, 2016. The definition of person with ‘disability’ under Section 2(s) of the Act, 2016 reads as under: “2. Definitions:- In this Act, unless the context otherwise requires- xxx xxx xxx (s) “person with disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others;” 10. It means long-term physical, mental, intellectual and sensory impairment that hinders full participation in society. 11. The schedule of the Act, 2016 lists categories of recognized disabilities. They include: - 6 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 1. Physical disabilities: a) Locomotor disability (including leprosy cured person, cerebral palsy, dwarfism, muscular dystrophy, acid attack victims) b) Visual impairment (blindness, low vision) c) Hearing impairment (deaf, hard of hearing) d) Speech and language disability 2. Intellectual disabilities a) Specific learning disabilities b) Autism spectrum disorder 3. Mental behaviour a) Mental illness 4. Chronic neurological conditions a) Multiple sclerosis b) Parkinson's disease 5. Blood disorders a) Haemophilia b) Thalassemia c) Sickle cell disease 6. Multiple disabilities (including deaf blindness) - 7 - HC-KAR NC: 2025:KHC:33138 WP No. 14957 of 2022 12. Therefore, the petitioner’s heart disease is not covered under the schedule of Act, 2016 neither the petitioner could claim relief under Regulation 20(3) and for the forgoing reasons, this Court pass the following: ORDER The writ petition is dismissed as devoid of merits. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 14