- 1 - NC: 2025:KHC-D:3714 WP No. 143377 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 143377 OF 2020 (S-KSRTC) BETWEEN: SANGANAGOUDA S/O. MAHANTAGOUDA GADAGINAVAR, AGED ABOUT: 45 YEARS, OCC: DRIVER-CUM-CONDUCTOR, NWKRTC, PRESENTLY ON LIGHTER DUTY, AT SUREBAN DEPOT, R/O: AT/POST: SUREBAN- 591 127, TQ: RAMDURG, DIST: BELAGAVI- 590001. …PETITIONER (BY SRI PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, DIST: BELAGAVI -590 001. 2. DEPOT MANAGER, RAMDURG DEPOT, NWKRTC, RAMDURG - 591 123, DIST: BELAGAVI- 590001. 3. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI - 580 029 DIST: DHARWAD- 580001. …RESPONDENTS (BY SRI PRASHANT S. HOSMANI, ADVOCATE) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3714 WP No. 143377 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO A. ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 13/17.01.2020 BEARING NO. Vaa.Ka. Ra.Saa/Be.Vi/Sibbandi/D-2/107 ISSUED BY THE RESPONDNET NO.1, VIDE ANENXURE-F AND THE OFFICE ORDER DATED 20.01.2020 BEARING NO. Vaa Ka Ra Saa/ BeVi/ Raa Gha/ Adalith/ 208, ISSUED BY THE RESPONDENT NO.2, VIDE ANNEXURE-F1, AND B. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY BY CONSIDERING REPRESENTATION DATED 23.11.2019 VIDE ANNEXURE-E AND, C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTNACES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.103069/2024, disposed of on 3rd June 2024. The Coordinate Bench held as follows: 1. This petition is by the petitioner seeking quashing of the order dated 08.05.2024 issued by the respondent No.1 as per Annexure-G and for direction to the respondents to assign lighter job to the petitioner permanently as per the provisions of the Rights of Persons with Disability Act, 2016 with all benefit by fixing an outer limit. - 3 - NC: 2025:KHC-D:3714 WP No. 143377 of 2020 2. It is the case of the petitioner that, he joined the service of the respondent-Corporation as driver cum conductor during the year 2006. That on 23.02.2022, he sustained injuries due to which his hip and bone there, has been totally damaged. He was taken to Utkarsha Hospital at Muddebihal, where he underwent surgery on the injuries with insertion of rods and screws. That the petitioner noticed severe pain, as such, he was admitted to Sanjeevani Hospital at Bijapur, wherein, it was found that earlier surgery conducted on the petitioner was improper. As such, the petitioner underwent yet another surgery of removal of the equipment inserted and the entire process of re-fixing was done afresh. That on 10.07.2023, petitioner had submitted representation requesting the respondent-Corporation to allot him a lighter job in view of the locomotive disability sustained by him. That he had also submitted medical certificate issued by the Medical Board, Bagalkote. 3. The 1st respondent had issued an endorsement dated 21.10.2023 directing the petitioner to appear before the Central Office on 26.10.2023. On 24.11.2023, the 1st respondent had issued an Office Order providing lighter job to the petitioner for a period of six months. Immediately thereafter, he was directed to discharge original duty. On 08.05.2024, the 1st respondent issued another endorsement directing the petitioner to discharge original duties from 27.05.2024. On 18.05.2024, the petitioner had given another representation requesting to continue him on the lighter job in view of the disability sustained by him which was denied by the respondent- Authorities vide communication dated 27.05.204 constraining him to approach this Court. 4. Counsel for the petitioner reiterating the grounds urged in the petition submits that as per Annexure-E, the Medical Board has assessed the disability of the petitioner at 45% and has stated that reassessment of the disability is to be done after two years, i.e., only after 07.07.2025. Counsel for the petitioner referring to the same, submit that, when the Medical Board itself has recommended reassessment of the disability after 07.07.2025, the impugned endorsement issued at Annexure-G directing the petitioner to revert to the original post, on the premise that the alternate lighter job which was given to him on 28.11.2023 was for a period of six months, the same had expired, is unsustainable. - 4 - NC: 2025:KHC-D:3714 WP No. 143377 of 2020 5. Learned counsel for the petitioner, referring to provisions of Section 20 of the Rights of Persons with Disability Act, 2016, and Rule 18 of the Rights of Persons with Disability Rules, 2017 submit that once a certificate for disability indicating period of validity is issued, the respondent-Authorities shall continue the employee in the same post or shall be kept in a supernumerary post until a suitable post is available or he attains the age of superannuation whichever is earlier. 6. Referring to the above, the counsel submits that in the instant case since the Medical Board has issued a certificate indicating his permanent disability and recommending the reassessment of disability after two years which would expire on 07.07.2025, the respondentAuthorities could not have directed the petitioner to come and resume the original post. Hence, he submits that the impugned endorsement and the order are unsustainable. 7. Per contra, learned counsel the respondent submits that though the Medical Board has issued a disability certificate which is valid up to 07.07.2025, the same would not prevent the respondent-Authorities from calling upon the petitioner to subject himself to undergo medical test. He submits that since an alternate lighter job was given to the petitioner only for a period of six months and the same having come to an end from 25.05.2024, the petitioner cannot be allowed to take advantage of the disability certificate issued by the Medical Board for a period of two years expiring on 07.07.2025, considering that petitioner is not entitled for such benefit unless he procures such certificate. 8. Heard and perused the records. 9. Section 20 of the Rights of Persons with Disability Act, 2016 mandates that no government establishment shall discriminate against any person with disability in any manner relating to employment. Second proviso to sub- Section (4) of Section 20 of the Act, 2016 provides that, if it was not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains age of superannuation whichever is earlier. In other words, once a disability certificate is issued, at least for the period of validity of such certificate, if a suitable post is not available, employer is required to keep such employee on a supernumerary post until a suitable post is available or he attains age of superannuation, whichever is earlier. - 5 - NC: 2025:KHC-D:3714 WP No. 143377 of 2020 10. Clause (ii) of sub-Rule (3) of Rule 18 of the Rights of Persons with Disability Rules 2017 provides that the Medical Authority shall, after due examination, issue a certificate of disability indicating period of validity in cases where there is any chance of variation or time in degree of disability. 11. Viewed in the light of the aforesaid provisions of the Act of 2016 and the Rules of 2017, the Medical Certificate issued by the Medical Board in the instant case produced at Annexure-E recommends for reassessment of disability after two years i.e., the medical certificate issued would be valid up to 07.07.2025, the Medical Board is consisting of Orthopedic Surgeon and Member, Senior Specialist and Member, District Surgeon and Chairman, Medical Board, District Hospital, and this Medical Board has recommended reassessment of the disability would be done on and after 07.07.2025. In other words, the validity of the certificate is up to a period of two years. 12. In the light of the provisions and the Rules referred to hereinabove, respondent-Authorities are not justified in issuing the endorsement stating that since the petitioner was appointed in the alternate lighter job for a period of six months which is due to expire on 27.05.2024, he shall return to the original post without reference to provision of Section 20, Rule 18 and the Medical Board certificate produced at Annexure-E. The endorsement in question is without reference to the aforesaid provisions of law. As such, the same is unsustainable. 13. Petition is allowed. 14. The endorsement dated 08.05.2024 vide Annexure-G issued by respondent No.1 is set aside. 15. Consequently, respondent-Authorities shall assign the lighter job to the petitioner at least up to 07.07.2025, the validity of the period of certificate as provided under Section 20 read with Rule 18 of the Rules, noted hereinabove. 16. Needless to state that on the expiry of 07.07.2025, the respondent-Board, if so advised, may call upon the petitioner to obtain fresh disability certificate to consider if he could be continued with the lighter post or he should revert back to the original post. - 6 - NC: 2025:KHC-D:3714 WP No. 143377 of 2020 2. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed, on the same reasoning and granting the same relief. Ordered accordingly. ______SD/-__________ JUSTICE M.NAGAPRASANNA RHR/- List No.: 1 Sl No.: 0