- 1 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 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. 106564 OF 2014 (S-KSRTC) WRIT PETITION NO. 105414 OF 2024 (S-KSRTC) IN W.P. NO. 106564/2014 BETWEEN: SATYAPPA S/O. PARASAPPA BIRADARPATIL, AGE: 35 YEARS, OCC: SERVICE R/O. AT POST: KADAPATTI, TQ: JAMAKHANDI, DIST: BAGALKOT. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) C/W WRIT PETITION NO. 105323 OF 2015 (S-KSRTC) WRIT PETITION NO. 105326 OF 2017 (S-KSRTC) WRIT PETITION NO. 102762 OF 2018 (S-KSRTC) WRIT PETITION NO. 111585 OF 2019 (S-KSRTC) WRIT PETITION NO. 113257 OF 2019 (S-KSRTC) WRIT PETITION NO. 104321 OF 2020 (S-KSRTC) WRIT PETITION NO. 147853 OF 2020 (S-KSRTC) WRIT PETITION NO. 101683 OF 2021 (S-KSRTC) WRIT PETITION NO. 104981 OF 2021 (S-KSRTC) WRIT PETITION NO. 103358 OF 2023 (S-KSRTC) WRIT PETITION NO. 106054 OF 2023 (S-KSRTC) WRIT PETITION NO. 106136 OF 2023 (S-KSRTC) WRIT PETITION NO. 106140 OF 2023 (S-KSRTC) WRIT PETITION NO. 102917 OF 2024 (S-KSRTC) WRIT PETITION NO. 103636 OF 2024 (S-KSRTC) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others AND: THE MANAGEMENT OF NWKRTC, BAGALKOT DIVISION, REPTD BY ITS DIVISIONAL CONTROLLER, BAGALKOT DIVISION, BAGALKOT. …RESPONDENT (BY SRI PRASHANT S. HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI QUASHING THE OFFICER ORDER DATED 21.01.2014 BEARING NO. VAKARASA/BAVI/C/C- 4/140/2014 ISSUED BY RESPONDENT AS PER ANNEXURE-J IN SO FAR AS IT RELATES TO PRODUCTION OF MEDICAL CERTIFICATE ON EVERY 6 MONTHS. B) CONSEQUENTLY UPON QUASHING THE ABOVE SAID CONDITION, DIRECT THE RESPONDENT TO CONTINUE THE PETITIONER IN THE LIGHTER JOB PROVIDED. C) SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN W.P. NO. 105323/2015 BETWEEN: SUSHEELA KALLONI W/O. S. R. KALOONI, AGE: 39 YEARS, WORKING AS PRESENTLY AS CLERK (PASS DISTRIBUTION SECTION) BELAGAVI 2ND DEPOT, BELAGAVI DIVISION, BELAGAVI. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, N. W. K. R. T. C., BELAGAVI DIVISION, BELAGAVI. …RESPONDENT (BY SRI PRAKASH HOSAMANI, ADVOCATE) - 3 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO I. ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER AND COMMUNICATION DATED 9.02.2105 IN NO. VAKARASA/BEVI/SIBBANDI/D-3/909 ISSUED BY RESPONDENT VIDE ANNEXURE-D AND ALSO QUASH THE ORDER DATED 29.11.2014 NO. VAKARASA/BAVI/SIBBANDI/D-2/2669/14 VIDE ANNEXURE-A PASSED BY RESPONDENT ONLY IN RESPECT OF MENTIONING THE PERIOD AS SIX MONTHS, AT COLUMN NO.6 IN SO FAR AS PETITIONER IS CONCERNED. ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING THE COST IN THE INTEREST OF JUSTICE. IN W.P. NO. 105326/2017 BETWEEN: GANGARAM DHABE S/O. SHIVAPPA, AGED ABOUT: 45 YEARS, OCC: DRIVER, R/A: HOUSE NO.5, UMA BUILDING, OLD GANDHI NAGAR, MARUTHI ROAD, BELAGAVI. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., BELAGAVI DIVISION, BELAGAVI. 2. THE DEPOT MANAGER, BELAGAVI 1ST DEPOT, N.W.K.R.T.C., BELAGAVI DIVISION, DIST: BELAGAVI. …RESPONDENTS (BY SRI PRASHANT S. HOSMANI, ADVOCATE) - 4 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A. ISSUE WRIT OF CERTIORARI QUASHING THE LETTER DATED 23.05.2017 BEARING NO. ªÁPÀgÀ¸Á/¨É«/¹/UÉÊºÁ/ 905 ISSUED BY THE RESPONDENT NO.1. VIDE ANNEXURE-G AND, B. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 03.05.2017 STRICTLY IN ACCORDANCE WITH THE MEDICAL CERTIFICATE DATED 02.05.2017 (ANNEXURE-D) AND AS PER THE CIRCULAR NO. 1515 (VIDE ANNEXURE-F) PÀgÁ¸À/±ÉÃPÀ/DzÀ½vÀ/¸ÉÃ¤/232/13-14 BY CHANGING THE CADRE OF THE PETITIONER TO A LIGHTER DUTY PERMANENTLY BY FIXING THE TIME LIMIT AND, C) FURTHER DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 03.05.2017 VIDE ANNEXURE-E AND 21.04.2017 VIDE ANNEXURE-C AND PAY ALL THE WAGES DURING THAT PERIOD AND, D) ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING AS TO THE COST OF THIS WRIT PETITION IN THE ENDS OF JUSTICE. IN W.P. NO. 102762/2018 BETWEEN: LIYAKATALI S. DESAI, (L.S. DESAI) S/O. SARDAR SAHEB DESAI, AGED ABOUT: 51 YEARS, OCC. PRESENTLY ON LIGHTER DUTY AT BELAGAVI 1ST DEPOT, BELAGAVI DIVISION, BELAGAVI, DIST. BELAGAVI. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, N.W.K.R.TC., CHIKKODI DIVISION, CHIKKODI, DIST. BELAGAVI. - 5 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 2. THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., BELAGAVI DIVISION, BELAGAVI. 3. THE CHIEF PERSONNEL MANAGER, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. DIST. DHARWAD. …RESPONDENTS (BY SRI S. L. MATTI, ADVOCATE FOR R1, NOTICE TO R2 & R3 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO A) QUASH THE OFFICE ORDER DATED 01.12.2017 BEARING NO. ªÁPÀgÀ¸Á/a«/¹§âA¢/3465/17 ISSUED BY THE RESPONDENT NO.1, VIDE ANNEXURE-P-4 IN SO FAR AS LIMITING THE PERIOD OF LIGHTER JOB FOR A PERIOD OF 6 MONTHS INSTEAD OF PERMANENTLY. B) CONSEQUENT UPON QUASHING THE AFORESAID ORDER, DIRECT THE RESPONDENT TO PERMANENTLY PROVIDE LIGHTER JOB AS HAS BEEN GIVEN IN THE ORDER DATED 18.08.2014 BEARING NO. ªÁPÀgÀ¸Á/PÉÃPÀ/ºÀÄ/¹§âA¢/J-5(334)/1905 VIDE ANNEXURE-F1 PASSED BY THE 3RD RESPONDENT AND C) ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING RESPONDENTS TO PAY THE SALARY FROM 17.04.2017 TILL 01.12.2017 TREATING THE PERIOD AS ON DUTY AND D) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P. NO. 111585/2019 BETWEEN: SRI. MAHANTESH S/O. GADIGEPPA ULLIGERI, (M.G.ULLIGERI), AGED ABOUT: 51 YEARS, OCC: PRESENTLY ON LIGHTER DUTY, AS CONTROLLER, NWKRTC, SAUDATTI DEPOT, DHARWAD DIVISION, DIST: DHARWAD. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) - 6 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, DHARWAD DIVISION, DHARWAD. 2. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SMT. SUNITHA P. KALASOOR, ADVOCATE) 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 21.01.2019, BEARING NO. VA.KA.RA.SA/DA.VI/SIBBANDI/CHA/2512/2019, ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-J IN SO FAR AS RESTRICTING THE LIGHTER JOB FOR A PERIOD OF 6 MONTHS INSTEAD OF PERMANENTLY AND, B. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY OR AS PER THE MEDICAL BOARD CERTIFICATE ISSUED BY THE BOARD VIDE ANNEXURE- G, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P. NO. 113257/2019 BETWEEN: FAKRUSAB BALIKAI S/O. HASSANSAB BALIKAI, (F.H. BALIKARI), AGED ABOUT: 50 YEARS, PRESENTLY WORKING AS, HELPER/PEON IN WORKSHOP ON LIGHTER JOB, DHARWAD DEPOT, DHARWAD DIVISION, DIST: DHARWAD- 01. - 7 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, DHARWAD DIVISION, DHARWAD, TQ AND DIST: DHARWAD-01. 2. THE DEPOT MANAGER, NWKRTC, DHARWAD DEPOT, DHARWAD DIVISION, TQ AND DIST: DHARWAD- 01.’ 3. THE CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD- 580020. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE) 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 ORDER DATED 3/08/2019 BEARING NO. ªÁPÀgÀ¸Á/zsÁ«/¹§âA¢/ZÁ:1081/2019 VIDE ANNEXURE-L, ISSUED BY RESPONDENT NO.1, IN SO FAR AS IT RELATES TO RESTRICTING THE PERIOD OF LIGHTER JOB ONLY FOR 2 MONTHS. b) CONSEQUENT UPON QUASHING THE AFORESAID ORDER, ISSUED WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PROVIDE THE LIGHTER JOB TO THE PETITIONER PERMANENTLY, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P. NO. 104321/2020 BETWEEN: SRI. SURESH PADATI S/O. BUDWANT PADATI, AGED ABOUT: 46 YEARS, R/O: HIREGUTTI, TQ: KUMTA -581333, DIST: UTTAR KANNADA, - 8 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others OCC: CONDUCTOR, ANKOLA DEPOT NWKRTC, SIRSI DIVISION, PRESENTLY ON LIGHTER DUTY, AT ANKOLA DEPOT, DIST: UTTARA KANNADA. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, SIRSI DIVISION, SIRSI, DIST: UTTARA KANNADA -581402. 2. DEPOT MANAGER, ANKOLA DEPOT, NWKRTC, SIRSI DIVISION, DIST: UTTARA KANNADA -581314. 3. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALII, DIST: DHARWAD -580030. …RESPONDENTS (BY SMT. VEENA HEGDE, AND SMT. CHAITRA GOUNDEKAR, ADVOCATES) 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 ENDORSEMENT/ ORDER DATED 24.01.2019 BEARING NO. VA.KA.RA.SA/U.KA/SIBBANDI/C-1/319 ISSUED BY THE RESPONDENT NO.1, VIDE ANNEXURE-K IN SO FAR AS RESTRICTING THE LIGHTER JOB FOR A PERIOD OF ONE YEAR INSTEAD OF PERMANENTLY, AND B. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 AND 3 TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY OR AS PER THE PERIOD MENTIONED IN THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL BOARD DATED 18.09.17 AS PER ANNEXURE-G, AND C. ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. - 9 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others IN W.P. NO. 147853/2020 BETWEEN: SMT. SHAHANAZ D/O. ABDUL GANI SHAIK, W/O. ABDUL KHADAR, AGE : 37 YEARS OCC : CONDUCTOR, NWKRTC, PRESENTLY WORKING IN LIGHTER JOB, AS STORAGE KEEPER, BELAGAVI CITY 2ND DEPOT, BELAGAVI DIVISION, DIST : BELAGAVI- 590 001. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, DIST : BELAGAVI- 590 001. 2. THE DEPOT MANAGER, NWKRTC, BELAGAVI CITY 2ND DEPOT, DIST : BELAGAVI- 590 001. 3. THE CHIEF PERSONNEL MANAGER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD- 580030. …RESPONDENTS (BY SMT. SUNITHA P. KALASOOR, ADVOCATE FOR R3, NOTICE TO R1 & R2 ARE SERVED) THIS WRIT PETITION IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 28/31/08/2020, IN NO. ªÁPÀgÀ¸Á/¨É«/¹§âA¢/¹1/1261, VIDE ANNEXURE-G, ISSUED BY THE 1ST RESPONDENT, IN SO FAR AS RESTRICTING THE LIGHTER JOB ONLY FOR A PERIOD OF 3 MONTHS TO THE PETITION, AND B) CONSEQUENT UPON QUASHING THE AFORESAID OFFICE - 10 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others ORDER, ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO CHANGE THE CADRE OF PETITIONER PERMANENTLY BY APPLYING CIRCULAR 1515 VIDE ANNEXURE-H, DATED 26/03/2014, IN NO. KA.RA.SA/ KE.KA/ ADALITHA/ SE.NI/ 232/13-14, AND PROVISIONS OF “THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT 1995”. C. ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING AS TO THE COST OF THIS WRIT PETITION IN THE ENDS OF JUSTICE. IN W.P. NO. 101683/2021 BETWEEN: SRI. PANDAPPA S/O. BALAPPA LAMANI, (P.B. LAMANI) AGE. 34 YEARS, OCC. CONDUCTOR, NWKRTC, BAILHONGAL DEPOT, BELAGAVI DIVISION, DIST. BELAGAVI -590001. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, DIST. BELAGAVI -590001. 2. THE CHIEF PERSONNEL MANAGER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD -580030. …RESPONDENTS (BY SRI PRASHANT HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 17/03/2021, IN NO. Va.Ka.Ra.Sa/ Be.Vi/ sibbandi/c-1/ / D-1/2/3/347, VIDE - 11 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others ANNEXURE-G, ISSUED BY THE 1ST RESPONDENT, (IN SO FAR AS PETITIONER IS CONCERNED). B) CONSEQUENT UPON QUASHING THE AFORESAID OFFICE ORDER, ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO CHANGE THE CADRE OF PETITIONER PERMANENTLY BY APPLYING CIRCULAR 1515 VIDE ANNEXURE-H, DATED 26/03/2014, IN NO. KA.RA.SA/ KE.KA/ ADALITHA/SE.NI/ 232/13-14, AND PROVISIONS OF “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016”. C) DECLARE THAT, CONSTITUTION OF THE COMMITTEE OF ASSESSMENT AT CENTRAL OFFICE AND REFERRING THE PETITIONER TO SUCH COMMITTEE IS UNCONSTITUTIONAL AND AGAINST THE SPIRIT OF “THE RIGHTS OF PERSONS WITH DISABILITIES ACT 2016”. D) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE PERIOD FROM 17/3/2020 TO TILL ASSIGNING LIGHTER JOB AS ON DUTY, AND E) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING COST OF THESE PROCEEDINGS IN THE ENDS OF JUSTICE. IN W.P. NO. 104981/2021 BETWEEN: SRI. MALLIKARJUN S/O. MADIVALAPPA SUTTAGATI, (M.M. SUTAGATTI), AGED ABOUT 45 YEARS, OCC. DRIVER, NWKRTC PRESENTLY ON LIGHTER DUTY, AT BAILHONGAL DEPOT, BELAGAVI DIVISION, R/AT. NEGINAHAL, TQ. BAILHONGAL, DIST. BELAGAVI -591102. …PETITIONER (BY SRI RAVI HEGDE, AND SRI VINAYKUMAR BHAT, ADVOCATES) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, - 12 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others DIST. BELAGAVI -591201. 2. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALII, DIST. DHARWAD- 580030. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A. ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 28.12.2020 BEARING NO. VA.KA.RA.SA/BE.VI/SIBBANDI/C-1/D-1/2/3/1807, ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-G, IN SO FAR AS RESTRICTING THE PERIOD OF LIGHTER JOB ONLY FOR A PERIOD OF ONE YEAR INSTEAD OF PERMANENTLY AND ONLY IN SO FAR AS PETITIONER IS CONCERNED. B. CONSEQUENT UPON QUASHING THE AFORESAID OFFICE ORDER, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AS PER SECTION 20 OF “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016” AND WITH ALL BENEFITS, AND C. ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEMS FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P. NO. 103358/2023 BETWEEN: SHRI. DHARIYAPPA S/O. RAMAPPA GOUDAR, (D.R GOUDAR) AGED ABOUT 45 YEARS, OCC. DRIVER CUM CONDUCTOR, PRESENTLY ON LIGHTER DUTY AS OFFICE ASSISTANT NWKRC, DANDELI DEPOT, DHARWAD RURAL DIVISION, DIST. DHARWAD- 580001. …PETITIONER (BY SRI RAVI HEGDE, AND SRI VINAYKUMAR BHAT, ADVOCATES) - 13 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, DHARWAD RURAL DIVISION, DIST. DHARWAD- 580001. 2. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI DIST. DHARWAD- 580030. 3. THE DEPOT MANAGER, NWKRTC, DANDELI DEPOT, DANDELI, DIST. U.K. 581325. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 16/11/2022, BEARING NO. VA.KA.RA.SA/DHA.VI/SIBBANDI/C1/2812, ISSUED BY THE RESPONDENT NO. 1, VIDE ANNEXURE-E, ONLY IN SO FAR AS IT RELATES TO RESTRICTING THE LIGHTER JOB FOR A PERIOD OF 6 MONTHS IS CONCERNED, AND B) CONSEQUENT UPON QUASHING THE AFORESAID ORDER, ISSUED WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN/CONTINUE THE PRESENT LIGHTER JOB OF THE PETITIONER AS PER THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL BOARD DHARWAD, DATED 27/04/2023, VIDE ANNEXURE-F, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. - 14 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others IN W.P. NO. 106054/2024 BETWEEN: SRI. MUDAKAPPA S/O. MUDIHANAMAPPA HARIJAN, (M.M HARIJAN), AGED ABOUT: 43 YEARS, OCC: DRIVER CUM CONDUCTOR, NWKRTC, PRESENTLY ON LIGHTER JOB AT CONTROL POINT, ILKAL DEPOT, BAGALKOT DIVISION- 587101. …PETITIONER (BY SRI RAVI HEGDE, AND SRI VINAYKUMAR BHAT, ADVOCATES) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT DIVISION DIST: BAGALKOT- 597101. 2. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD- 580030. 3. THE DEPOT MANAGER, NWKRTC, ILKAL DEPOT, BAGALKOT DIVISION, DIST: BAGALKOT- 587101. …RESPONDENTS (BY SRI PRASHANT HOSAMANI, ADVOCATE) 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 17/11/2022, BEARING NO. VA.KA.RA.SA/BHA.VI/SIBBANDI/C6/3547/22, ONLY IN SO FAR AS RESTRICTING LIGHTER JOB FOR A PERIOD OF ONE YEAR IS CONCERNED, ISSUED BY THE 1ST RESPONDETN, VIDE ANNEXURE-D AND B) CONSEQUENT UPON QUASHING THE - 15 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others AFORESAID ORDER, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AS PER PROVISIONS OF, “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016”, BY FIXING OUTER LIMIT, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P.NO. 106136/2023 BETWEEN: SRI. JAGADISH S/O. BASAVAREDDY GADDIKERI, AGE. 42 YEARS, OCC. DRIVER CUM CONDUCTOR KKRTC, KOPPAL DIVISION, KOPPAL DEPOT, KOPPAL -583231. …PETITIONER (BY SRI RAVI HEGDE, AND SRI VINAYKUMAR BHAT, ADVOCATES) AND: 1. THE DIVISIONAL CONTROLLER, KKRTC, KOPPAL DIVISION, KOPPAL, DIST. KOPPAL- 583231. 2. CHIEF PERSONNEL MANAGER (CPM), KKRTC, CENTRAL OFFICE, SARIGE SADANA, MAIN RAOD, TQ. & DIST. KALABURGI -585105. 3. THE DEPOT MANAGER, KKRTC, KOPPAL DEPOT, KOPPAL DIVISION, KOPPAL -583231. …RESPONDENTS (BY SRI PRASHANT HOSAMANI, ADVOCATE) 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 - 16 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others QUASHING THE ENDORSEMENT DATED 04/07/2023 BEARING NO. KA.KA.RA.SA.NI/ KO.VI/ SIBBANDI/ C-05/ 1008/ 2023, ISSUED BY THE 1ST RESPONDENT, VIDE ANNEXURE-L, ONLY IN SO FAR AS RESTRICTING THE LIGHTER JOB TILL 9/8/2023 IS CONCERNED, AND B) CONSEQUENTLY UPON QUASHING THE AFORESAID ORDER, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AS PER PROVISIONS OF, “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016”, AND ALSO DIRECT THEM TO PAY THE SALARY FROM 9/08/2023 TILL ASSIGNMENT OF LIGHTER JOB TREATING THE PERIOD AS ON DUTY BY FIXING OUTER LIMIT. C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P.NO. 106140/2023 BETWEEN: SRI. JAGADISH S/O. SIDRAMAPPA KALLUR, AGE. 42 YEARS, OCC. DRIVER CUM CONDUCTOR, NWKRTC, BILAGI DEPOT, BAGALKOT DIVISION, BAGALKOT -587101. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT DIVISION, BAGALKOT- 587101. 2. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD -580030. 3. THE DEPOT MANAGER, NWKRTC, BILAGI DEPOT, BAGALKOT DIVISION, BAGALKOT -587101. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR C/R1, - 17 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others SRI ROHIT S. PATIL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ENDORSEMENT DATED. 09-08-2023 BEARING NO. VA.KA.RASA/BHA.VI/SIBBANDI/C6/1936/2023, ISSUED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-L, AND B) CONSEQUENT UPON QUASHING THE AFORESAID ENDORSEMENT, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AS PER PROVISIONS OF, “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016”, AND ALSO DIRECT THEM TO PAY THE SALARY FROM 16-08-2023 TILL ASSIGNMENT OF LIGHTER JOB BY REGULARIZING THE PERIOD, BY FIXING OUTER LIMIT, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P.NO. 102917/2024 BETWEEN: SMT. NILAMMA D/O. BHIMANAGOUDA BIDARAKUNDI, W/O. SHIVANAGOUDA BIRADAR, AGED ABOUT 31 YEARS, OCC: CONDUCTOR, NWKRTC, ILAKAL DEPOT, BAGALKOT DIVISION, DIST: BAGALKOT- 587101, PRESENTLY ON LIGHTER JOB AT ADMINISTRATIVE OFFICE. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT DIVISION, DIST: BAGALKOT- 587101. 2. CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD. HUBBALLI, - 18 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others DIST: DHARWAD- 580030. 3. THE DEPOT MANAGER, NWKRTC, ILAKAL DEPOT, BAGALKOT DIVISION, DIST: BAGALKOT- 587125. …RESPONDENTS (BY SRI S. C. BHUTI AND, SRI PRASHANT S. HOSAMANI, ADVOCATES) 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 2-11/12-2023, BEARING NO. VA.KA.RA.SA/BA.VI/SIBBANDI/C4/2877/23, VIDE ANNEXURE-G, ISSUED BY THE RESPONDENT NO.1, IN SO FAR AS RESTRICTING THE LIGHTER JOB FOR A PERIOD OF 6 MOTHS IS CONCERNED, AND B) CONSEQUENT UPON QUASHING THE AFORESAID ORDER, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AS PER PROVISION OF, “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016”, WITH ALL BENEFITS, BY FIXING OUTER LIMIT, AND C) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PAY THE SALARY FOR THE PERIOD FROM JULY-2023 TO DECEMBER-2023, BY FIXING OUTER LIMIT, AND D) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEMS FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. IN W.P.NO. 103636/2024 BETWEEN: SHRI. SHARANAPPA S/O. RUDRAPPA TOTAGER, (S.R TOTAGER), AGED ABOUT 55 YEARS, OCC. DRIVER CUM CONDUCTOR, NWKRTC, RAMDURG DEPOT, DHARWAD RURAL DIVISION, DISTRICT. DHARWAD- 580001, PRESENTLY ON LIGHTER JOB. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) - 19 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, DHARWAD DIVISION, DIST. DHARWAD- 580001. 2. THE DIVISIONAL CONTROLLER, NWKRTC, DHARWAD RURAL DIVISION, DIST. DHARWAD- 580001. 3. THE CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD- 580030. 4. THE DEPOT MANAGER, NWKRTC, RAMDURG DEPOT, DHARWAD RURAL DIVISION, DIST. DHARWAD- 591123. …RESPONDENTS (BY SRI PRASHANT S. HOSMANI, ADVOCATE) 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 11/01/2024, BEARING NO. VA.KA.RA.SA/ DHAVI/ SIBBANDI/ C1/ 2377 VIDE ANNEXURE-J, ISSUED BY THE RESPONDENT NO.1, ONLY IN SO FAR AS LIMITING THE LIGHTER JOB FOR A PERIOD OF 6 MONTHS IS CONCERNED, AND B) CONSEQUENT UPON QUASHING THE AFORESAID COMMUNICATION, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AS PER PROVISIONS OF, “THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016”, WITH ALL BENEFITS, BY FIXING OUTER LIMIT, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. - 20 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others IN W.P.NO. 105414/2024 BETWEEN: SRI. BASAPPA S/O. CHANDAPPA KARADI, AGED ABOUT. 53 YEARS, OCC. DRIVER NWKRTC, ILAKAL DEPOT, BAGALKOT DIVISION, PRESENTLY ON LIGHTER JOB AT HUNAGUND DEPOT, BAGALKOT DIVISION, DIST. BAGALKOT -587101. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT DIVISION, BAGALKOT, DIST. BAGALKOT -587101. 2. THE CHIEF PERSONNEL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI DIST. DHARWAD -580030. 3. THE DEPOT MANAGER, NWKRTC, HUNAGUND DEPOT, BAGALKOT DIVISION, DIST. BAGALKOT -587118. …RESPONDENTS (BY SRI PRASHANT S. HOSMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 14/09/2023 BEARING NO. VAA.KA.RA.SAA/BAA.VI/SIBBANDI/C3/2280/23, VIDE ANNEXURE-H, ISSUED BY THE 1ST RESPONDENT, ONLY I SO FAR AS RESTRICTING THE LIGHTER JOB FOR A PERIOD OF ONE YEAR IS CONCERNED, AND B) CONSEQUENT UPON QUASHING THE AFORESAID OFFICE ORDER, ISSUE WRIT OF MANDAMUS - 21 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER TILL 2.05.2025 AS PER THE DISABILITY CERTIFICATE IN FORM-III IN CERTIFICATE NO. DMB/MB/08/202324, DATED 3/05/2023, ISSUED BY THE MEDICAL BOARD/DISTRICT HOSPITAL, BAGALKOT, AT ANNEXURE-B, WITH ALL BENEFITS, BY FIXING OUTER LIMIT, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 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.102082/2024, disposed of on 12th June 2024. The Coordinate Bench held as follows: 1. The petitioner is before this Court aggrieved by the Communication dated 9.3.2024, produced at Annexure-F, issued by respondent No.1 by which the petitioner was directed to secure disability certificate in Form No.3 stating percentage of the disability. 2. The case of the petitioner is that he was appointed as driver on daily wage basis in the year 1995 by respondent No.1 and that he completed his probationary period on 10.11.1999. Since then, he rendered his service as permanent employee under respondent No.1. It is the further case of the petitioner that he was infected by COVID-2019 and he was admitted to KIMS hospital, Hubballi where he was diagnosed to have been infected with Black Fungus to his mouth. That he was given treatment for a period of one month - 22 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others including undergoing a surgery. As a result of the disease, he has lost all his teeth and that even his gums have been removed. That the petitioner is now unable to consume his regular course of food and he is depending on the liquid diet. In view of his condition, he had made a representation dated 23.9.2021 to respondent authorities requesting them to provide him a lighter job. After examination of the records, respondent No.1 had issued Office Order dated 10.2.2022 providing him a lighter job for a period of one year. That even before the expiry of the said period of one year, the petitioner had requested the respondent authorities to continue in the lighter job as his health condition had not improved. Acting upon the said request, respondent No.1 had issued the Office Order dated 2.3.2023 extending the period by another one year. However, by Communication dated 9.3.2024 produced at Annexure-F, the respondents authorities called upon the petitioner to secure one more medical certificate in the prescribed Form No.III mentioning the percentage of his disability and other details as prescribed. 3. It is the case of the petitioner that he had undergone medical examination before the Medical Board, Dharwad, who had issued disability certificate in Form No.3, dated 22.1.2024 stating that the petitioner is suffering from 45% disability, which is produced at Annexure-G to the writ petition. It is his contention that when Medical Board has already issued a certificate stating that the petitioner is suffering 45% permanent disability, in the light of circular No.5151, issued by the respondents authorities he was not required to furnish a fresh medical certificate. Thus, being aggrieved by the same, the petitioner is before this Court. 4. This Court on 19.4.2024 after hearing the learned counsel for the petitioner and the respondents had directed the petitioner to appear before the District Surgeon, Dharwad in compliance of the Communication dated 9.3.2024 within a period of one month and the District Surgeon, Dharwad was directed to issue a disability certificate in the prescribed format as stated in the Communication produced at Annexure-F. - 23 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 5. The Registry of this Court has received a Communication dated 01.06.2024, issued by the District Surgeon, District Hospital, Dharwad along with disability certificate in Form No.III, medical report and calculation sheet. Perusal of this disability certificate shows sorry state of affair in the process adopted by the Medical Board in discharge of its statutory obligation. The said certificate does not meet the requirements either of the law or the instructions/guidelines issued by the State in that regard. The said disability certificate, medical report and calculation sheet as sent to this Court are scanned herein for immediate reference. - 24 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others - 25 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others - 26 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 6. It is necessary to note that the purpose of the order directing the medical board to submit a disability certificate in the prescribed format is not far to seek. The Communication produced at Annexure-F, issued by the respondent authorities itself specifically refer to a circular bearing No. MEB(3) 82/2023-24, dated 28.11.2023. The said circular came to be issued pursuant to an order passed by this ‘court in WP No.5622/2022 dated 29.09.2022. The said circular sets down in detail the format of the certificate and the contents thereof to be furnished by the medical board. It is necessary at this juncture also to refer to the said Circular dated - 27 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 28.11.2023, issued by the department of Health and Family Welfare, Government of Karnataka and the same is scanned herein for the immediate reference; “PÀ£ÁðlPÀ ¸ÀPÁðgÀ DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt ¸ÉÃªÉUÀ¼À DAiÀÄÄPÁÛ®AiÀÄ DgÉÆÃUÀå ¸ËzsÀ ªÀiÁUÀr gÀ¸ÉÛ ¨ÉAUÀ¼ÀÆgÀÄ ¸ÀASÉå: JA.E.©(3)/82/2023-24 ¢£ÁAPÀ: 28.11.2023 ¸ÀÄvÉÆÛÃ¯É «µÀAiÀÄ: CAUÀ«PÀ®vÉAiÀÄ §UÉÎ ªÉÊzÀåQÃAiÀÄ ¥ÀæªÀiÁt ¥ÀvÀæªÀ£ÀÄß ¤ÃqÀÄªÁUÀ C£ÀÄ¸Àj¸À¨ÉÃPÁzÀ ªÀiÁ£ÀzÀAqÀUÀ¼ÀÄ. G¯ÉèÃR: GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ DzÉÃ±À WP No.5622/2022 ¢ 29.09.2022. **** ªÉÄÃ¯ÁÌtÂ¹zÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ªÉÊzÀåQÃAiÀÄ ¥ÀæªÀiÁt ¤ÃqÀÄªÁUÀ w¢Ý §gÉAiÀÄÄªÀÅzÀÄ NzÀ®Ä ¸ÁzsÀåªÁUÀzÀAvÉ §gÉAiÀÄÄªÀÅzÀÄ ªÀÄvÀÄÛ ¥ÀæªÀiÁt ¥ÀvÀÛzÀ°è £ÀªÀÄÆ¢¹zÀ CAUÀ«PÀ®vÉ Calculation sheet ®UÀwÛ¸ÀzÉ EgÀÄªÀÅzÀÄ PÀAqÀÄ §A¢gÀÄvÀÛzÉ EAvÀºÀ ¸ÀAzÀ¨sÀðUÀ¼À°è EvÀgÉ E¯ÁSÉUÀ¼À £ÉÃªÀÄPÁw ¸ÀAzÀ¨sÀðzÀ°è ªÉÊzÀåQÃAiÀÄ gÀeÉ SÁvÀjUÉÆ½¸ÀÄªÀ ¸À®ÄªÁV ¸ÀéAiÀÄA ¤ªÀÈwÛ ¸ÀAzÀ¨sÀðzÀ°è ªÀÈAzÀ §zÀ¯ÁªÀuÉ ¸ÀAzÀ¨sÀðzÀ°è ªÀÄvÀÄ ¥ÀjÃ²Ã®£ÉUÉ PÉÆÃjPÉ ¤ÃqÀÄwÛgÀÄvÁÛgÉ. EAvÀºÀ ¸ÀAzÀ¨sÀðUÀ¼À°è EvÀgÉ ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½UÀ½UÉ ¤zÉÃð²¹zÁUÀ CxÀªÁ ¨ÉÆÃzsÀPÀ D¸ÀàvÉæAiÀÄ ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½UÀ½UÉ ¤zÉÃð²¹zÁUÀ ªÀåvÁå¸À PÀAqÀÄ §A¢gÀÄvÀÛzÉ PÉ®ªÀÅ ¸ÀAzÀ¨sÀðUÀ¼À£ÀÄß ºÉÆgÀvÀÄ ¥Àr¹ CAUÀ«PÀ®vÉAiÀÄ ±ÉÃPÀqÀªÁgÀÄ ºÉaÑ£À §zÀ¯ÁªÀuÉAiÀiÁzÀ°è «ZÁgÀuÉUÁV ªÀÄÆ® CAUÀ«PÀ®vÉAiÀÄ ¥ÀæªÀiÁt ¥ÀvÀÛPÉÌ ¨ÉÃPÁzÀ ¥ÀÆgÀPÀ zÁR¯ÉUÀ¼ÀÄ ªÉÊzÀåQÃAiÀÄ ¥ÀjÃPÉëUÀ¼À «ªÀgÀ (GzÁ: DrAiÉÆÃ®f ªÀgÀ¢ JADgïL Vision Test EvÁå¢UÀ¼ÀÄ D¸ÀàvÉæAiÀÄ°è ªÉÊzÀåQÃAiÀÄ zÁR¯ÁwAiÀÄ «¨sÁUÀzÀ°è ¤AiÀÄªÀiÁ£ÀÄ¸ÁgÀ PÁ¬ÄÝj¸À¨ÉÃPÁUÀÄvÀÛzÉ. ªÀiÁ£Àå GZÀÑ£ÁåAiÀiÁ®AiÀÄªÀÅ jmï Cfð ¸ÀASÉå WP NO.5622/2022 ¢ 22.09.2022 gÀ DzÉÃ±ÀzÀ°è CAUÀ«PÀ®vÉAiÀÄ ¸ÀA§AzÀ ¤ÃqÀ¯ÁUÀÄwÛgÀÄªÀ ºÀ®ªÁgÀÄ ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½ ¥ÀæªÀiÁt ¥ÀvÀÛUÀ¼À£ÀÄß UÀæ»¸À®Ä/CxÉÊð¹PÉÆ¼Àî®Ä DUÀÄwÛ®è ºÀ®ªÀÅ PÁ®AUÀ¼À°è AiÀiÁªÀ ±ÁjÃjPÀ ¨sÁUÀUÀ¼ÀÄ H£ÀªÁVgÀÄvÀÛzÉ JA§ÄzÀ£ÀÄß ¨sÀwð ªÀiÁqÀzÀ PÁgÀt ºÁUÀÆ zÀÄ§®ðvÉ/zsÀPÉÌAiÀiÁVgÀÄªÀ §UÉÎ §gÀªÀtÂUÉAiÀÄ°è ¸ÀáµÀÖvÉ E®è¢gÀÄªÀÅzÀjAzÀ ªÁ¢/¥ÀæwªÁ¢UÀ¼À ªÁzÀ¼À£ÀÄß ¸ÀgÁUÀªÁV CxÉÊð¹PÉÆ¼ÀÄîªÀÅzÀgÀ°è C£Á£ÀÄPÀÆ®ªÁUÀÄvÀÄÛgÀÄvÀÛzÉ JAzÀÄ C©ü¥ÁæAiÀÄ¥ÀlÄÖ ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½ ¥ÁæªÀiÁt ¥ÀvÀÛUÀ¼À£ÀÄß ¤ÃqÀÄªÁUÀ C£ÀÄ¸Àj¸À¨ÉÃPÁzÀ ªÀiÁ£ÀzÀAqÀUÀ¼À£ÀÄß G¯ÉèÃT¹ ¤zÉÃð±À£À ¤ÃrgÀÄvÀÛzÉ. F PÉ¼ÀPÀAqÀAvÉ ¸ÀÆZÀ£ÉUÀ¼À£ÀÄß ¤ÃqÀ¯ÁVgÀÄvÀÛzÉ 1. The details of the affected part of body. - 28 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 2. The manner in which it is affected and the reason by which it has been affected. 3. When the first affliction occurred. 4. The treatment Protocol followed as regards the said ailment/affliction. 5. Diagnosis in simple layman's Language which could be understood by layman including this court and the lawyer appearing. 6. The Further treatment Protocol Suggested and/or Recommended by the Medical Board. 7. The details of the physical Impairment and/or Mental Disability, including the methodology of Calculation of such impairment Disability. 8. The future reassessment of the Disability to be conducted and the time frame in which it has to be conducted. 9. The nature of the work which cannot be performed by such workman with reference to the current employment of the workman i.e., in other words to state whether the work which has been done by the workman, presently at his/her posting could be done by said workman or not. If not what kind of work could done by such workman. 10. Schedule 1 of the workmen's Compensation Act 1923 provides for the percentage of loss of earning capacity on the basis of the injuries caused, the same could also be taken into account by the Medical Board. E£ÀÄß ªÀÄÄAzÉ CAUÀ«PÀ®vÉAiÀÄ §UÉÎ, ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½AiÀÄÄ ¤ÃqÀÄªÀ ¥ÀæªÀiÁt ¥ÀvÀæUÀ¼À£ÀÄß ¤ÃqÀ¯ÁUÀÄªÀ ¸ÀªÀÄAiÀÄzÀ°è Cfð £ÀªÀÄÆ£É IV gÀ°è£À J¯Áè PÁ®AUÀ¼À£ÀÄß ¸ÁªÀiÁ£Àå ªÀÄ£ÀÄµÀå¤UÀÆ CxÀðªÁUÀÄªÀ jÃwAiÀÄ°è £ÀªÀÄÆ¢¸À¨ÉÃPÉAzÀÄ ºÁUÀÆ ¸ÀA§AzÀ¥ÀlÖ vÀdÕ ªÉÊzÀågÀÄ ªÉÊzÀåQÃAiÀÄ ¥ÀæªÀiÁt ¥ÀvÀÛzÀ°è CAUÀ«PÀ®vÉAiÀÄ ¤zÀðµÀÖvÉAiÀÄ£ÀÄß PÀqÁØAiÀÄªÁV £ÀªÀÄÆ¢¸ÀvÀPÀÌzÀÄÝ (ref:WP no.5622/2023) - 29 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others CAUÀ«PÀ®vÉ zÀÈrüÃPÀj¸ÀÄªÁUÀ ¸ÀA§AzÀ¥ÀlÖ vÀdÕ ªÉÊzÉÊgÀÄ ªÀiÁvÀæªÉÃ ¥ÀæªÀiÁtÂÃPÀj¸À¨ÉÃPÀÄ ºÁUÀÆ ¸ÀA§AzÀ¥ÀqÀzÀ vÀdÕ ªÉÊzÀågÀÄ ¥ÀæªÀiÁtÂPÀj¸À¨ÁgÀzÀÄ EzÀ£ÀÄß ºÉÆgÀvÀÄ¥Àr¹ EvÀgÉ vÀdÕ ªÉÊzÀågÀAiÀÄ CAUÀ«PÀ®vÉ ¥ÀæªÀiÁt¥ÀvÀæ/ªÉÊzÀåQÃAiÀÄ gÀeÉUÉ ²¥sÁgÀ¸ÀÄì ¤ÃrzÀ°è CzÀ£ÀÄß CªÀiÁ£Àå ªÀiÁqÀ¯ÁUÀÄªÀÅzÀÄ. ºÁUÀÆ AiÀiÁªÀ ªÉÊzÀågÀÄ D ¸ÀÆZÀ£ÉUÀ¼À£ÀÄß G®èAX¸ÀÄvÁÛgÉÆÃ CªÀgÀÄUÀ¼À ªÉÄÃ¯É ²¸ÀÄÛ PÀæªÀÄ dgÀÄV¸À¯ÁUÀÄªÀÅzÀÄ. ¸ÀA±ÀAiÀiÁ¸ÀàzÀ ¥ÀæPÀgÀtUÀ¼À°è ¸ÀA§AzsÀªÀlÖ ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½UÀ½UÉ ¥ÀÇgÀPÀ ªÉÊzÀåQÃAiÀÄ zÁR¯ÉUÀ¼À£ÀÄß ºÁdgÀÄ¥Àr¸À®Ä PÉÃ½zÁUÀ GzÁ: DrAiÉÆÃUÁæA JADgïL Vision Test EvÁå¢UÀ¼À£ÀÄß J£ïJA¹ ªÀiÁUÀð¸ÀÆaUÀ¼À£ÀéAiÀÄ PÀÆærüÃPÀj¸ÀÄªÀÅzÀÄ. ¸ÀzÀj vÀ¥Á¸ÀuÉ ªÀgÀ¢UÀ¼À£ÀÄß (Investigation Report) ¸ÀA§AzsÀ¥ÀlÖ C¨sÀåyð/¹§âA¢ MzÀV¸À®Ä ¸ÁzsÀåªÁUÀzÉÃ ºÉÆÃzÀ°è C£ÀÄªÀiÁ£À¸ÁàzÀ ¥ÀæPÀgÀtªÉAzÀÄ ªÀÄgÀÄ ¥ÀgÀ²Ã®£ÉUÉ DzÉÃ²¸À¯ÁUÀÄªÀÅzÀÄ. ®UÀvÀÄÛ ªÀiÁ£Àå GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ DzÉÃ±ÀzÀ ¥Àæw. DAiÀÄÄPÀÛgÀÄ DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt ¸ÉÃªÉUÀ¼ÀÄ ¨ÉAUÀ¼ÀÆgÀÄ 7. From the perusal of the aforesaid circular and the instructions issued thereunder, it is imperative that the medical board shall not only issue the medical certificate in the prescribed form and in a legible condition, but shall also to state whether the concerned employee capable of discharging the assignments given to him by the respondents authorities or not. 8. Learned counsel for the respondents at this juncture hasten to add that in view of the manner in which the certificates are being issued, it has become difficult for the respondents authorities to rely upon the credibility of the certificates, as the same do not comply with the requirements of law. He further submits that necessary directions in this regard should be warranted to the medical board to issue certificate in the prescribed form such that undeserving cases may be meted out. 9. This Court is in agreement that there is considerable forced in the submissions made by the learned counsel for the respondents. 10. As noted above, despite there being a specific directions issued by this Court to issue certificates in the prescribed format and despite there being a Circular dated 28.11.2023, issued by the the department of Health and Family Welfare, Government of Karnataka , the medical board seem to have not paid attention to - 30 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others manner and failed to furnish details required to be mentioned in the medical certificate in a legible manner and in the language understandable by common man. 11. It is necessary at this juncture to refer Section 57 of the Rights of Persons with Disabilities Act, 2016 provides designation of certifying authorities which reads as under: “57. Designation of certifying authorities.—(1) The appropriate Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability. (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.” 12. Section 58 of the Act, lays down the procedure for certification: “58. Procedure for certification.—(1) Any person with specified disability, may apply, in such manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability. (2) On receipt of an application under sub- section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,— (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government; (b) inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country.” 13. Section 59 of the Act provides for appeal against the decision of the certifying authorities, which reads as follows: “59. Appeal against a decision of certifying authority.— (1) Any person aggrieved with decision of the certifying authority, may appeal against such decision, within such time and in such manner as may be prescribed by the State Government, to such appellate authority as the State Government may designate for the purpose. (2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government.” - 31 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 14. Also relevant to note, Rules 17 and 18 of the Rights of Persons with Disabilities Rules, 2017 which, read as under: “17. Application for certificate of disability.- (1) Any person with specified disability may apply in Form -IV for a certificate of disability and submit the application to - (a ) a medical authority or any other notified competent authority to issue such a certificate in the district of residence of the applicant as mentioned in the proof of residence in the application; or (b) the concerned medical authority in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability: Provided that where a person with disability is a minor or suffering from intellectual disability or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian or by any organisation registered under the Act having the minor under its care. (2) The application shall be accompanied by - (a ) proof of residence; (b) two recent passport size photographs; and (c ) aadhaar number or aadhaar enrollment number, if any. 18. Issue of certificate of disability.- (1) On receipt of an application under rule 17, the medical authority or any other notified competent authority shall, verify the information as provided by the applicant and shall assess the disability in terms of the relevant guidelines issued by the Central Government and after satisfying himself that the applicant is a person with disability, issue a certificate of disability in his favour in Form V, VI and VII, as the case may be. (2) The medical authority shall issue the certificate of disability within a month from the date of receipt of the application. (3) The medical authority shall, after due examination - (i) issue a permanent certificate of disability in cases where there are no chances of variation of disability over time in the degree of disability; or (ii) issue a certificate of disability indicating the period of validity, in cases where there is any chance of variation over time in the degree of disability. (4) If an applicant is found ineligible for issue of certificate of disability, the medical authority shall convey the reasons to him in writing underForm VIII within a period of one month from the date of receipt of the application. (5) The State Government and Union territory Administration shall ensure that the certificate of disability is granted on online platform from such date as may be notified by the Central Government.” - 32 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 15. The guidelines extracted hereinabove by the Department of Health and Family Welfare, Government of Karnataka appears to be in consonance with the statutory requirement contemplated while issuing certificate of disability. 16. Viewed in the light of aforesaid legal provisions, the certificate issued by the Medical Board clearly falls short of the said requirement. Needless to state that the medical board contemplated under the Act and the Rules referred to above is vested with the statutory obligation of discharging its duty judiciously. In other words, it should bear in mind the for reaching consequences of certificates being issued by it. Therefore, it is expected that when the certificate is being sought particularly by an employee of the State and its instrumentalities, the Medical Board should strictly adhere to the guidelines/circulars extracted hereinabove. 17. In the instant case, counsel for the respondent fairly submits that the petitioner appears to have suffered permanent disability and for now they would continue to place him to discharge lighter job as has been already done and if need be and if there is any progress, they would seek for any further assessment as his medical condition. Submission taken on record. 18. Needless to state that in the cases where the respondent-Authorities are not convinced with the medical certificates issued or they are aggrieved by the issuance of such certificates, a statutory remedy of filing the appeal under Section 59 of the Act can be availed. 19. With the above observation, writ petition is allowed. 20. The respondents shall ensure the petitioner be given lighter job and his attendance and other benefits to be provided without causing any impediment forthwith. 21. Registry is directed to send the copy of this order to the Health and Family Welfare Department, Government of Karnataka, who shall circulate the same to all the medical boards appointed by the state under the Act. Pending IAs. do not survive for consideration and the same are disposed of.” - 33 - NC: 2025:KHC-D:3751 WP No. 106564 of 2014 C/W WP Nos. 105323/2015, 105326/2017 And 14 others 2. It is needless to observe that the Medical Board now constituted before whom all these petitioners are directed to appear, shall in the appropriate form, issue a certificate in printed form and make it known to the petitioners in an understandable language. 3. 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. __________SD/________ JUSTICE M.NAGAPRASANNA RHR/- List No.: 1 Sl No.: 0

SMT SHAHANAZ D/O. ABDUL GANI SHAIK v. THE DIVISIONAL CONTROLLER

Judgment text