- 1 - HC-KAR NC: 2025:KHC-D:12812 WP No. 100760 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100760 OF 2018 (S-KSRTC) BETWEEN: SMT. USHA BHASKAR BHAKTA NOW KNOWN AS SNEHA S BHAT, D/O. LATE K. BHASKAR BHAKTA, AGED ABOUT: 45 YEARS, WORKING AS WINDOW BOOKING CONDUCTOR, N.W.K.R.T.CORPORATION, NORTH KANARA DIVISION, SIRSI, DIST: UTTARA KANNADA, R/AT: "USHA NILAYA" GANDINAGAR, OPP: AMBA GIRI, SIRSI, DIST: UTTARA KANNADA. …PETITIONER (BY SRIYUTHS. RAVI HEGDE AND VINAYKUMAR BHAT, ADVOCATES) AND: 1. THE DIVISIONAL CONTROLLER NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, NORTH KANARA DIVISION, TQ: SIRSI, DIST: UTTARA KANNADA. 2. THE DEPOT MANAGER N.W.K.R.T.C. SIRSI DEPOT, SIRSI DIVISION, DIST: UTTARA KANNADA. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12812 WP No. 100760 of 2018 3. THE NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, R/BY. ITS MANAGING DIRECTOR, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580030, DIST: DHARWAD. …RESPONDENTS (BY SRIYUTHS. SURESH N. KINI, ADVOCATE FOR R1 AND R2; PRASHANT S. HOSAMANI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED:21.11.2017, ISSUED BEARING NO. ªÁPÀgÀ¸Á/GPÀ/¹§âA¢/¹-1/4849/BY THE RESPONDENT NO.1, DIRECTING THE PETITIONER TO REPORT TO HIS ORIGINAL POST, VIDE ANNEXURE-F. b) CONSEQUENT UPON QUASHING THE AFORE SAID ORDER, DIRECT THE RESPONDENTS 1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED:17.12.2017 AND 23.11.2017, BY PERMANENTLY CHANGING THE CADRE OF PETITIONER ON LIGHTER JOB, VIDE ANNEXURE-J AND H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue writ of certiorari or any other writ or order quashing the office order dated:21.11.2017, issued bearing no. ªÁPÀgÀ¸Á/GPÀ/¹§âA¢/¹- - 3 - HC-KAR NC: 2025:KHC-D:12812 WP No. 100760 of 2018 1/4849/by the Respondent No.1, directing the petitioner to report to his original post, vide Annexure-F. b. Consequent upon quashing the afore said order, direct the Respondents 1 and 2 to consider the representations dated:17.12.2017 and 23.11.2017, by permanently changing the cadre of petitioner on lighter job, vide Annexure-J and H. 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. 2. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Mr.B.D.Hiremath was appointed as the Mediator in the present case. 3. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memo of settlement has been filed, recording the terms of the compromise, which reads as under: “The above writ petition was filed challenging the office order/endorsement dated______, vide Annexure-____ - 4 - HC-KAR NC: 2025:KHC-D:12812 WP No. 100760 of 2018 During the pendency of the writ petition, the parties have amicably settled the dispute involved herein on the following terms and conditions, in order to put a quietus to the litigation: 1. The Management/Corporation shall refer the Petitioner-Workman to the Medical Board of the concerned district with a request to issue a Medical Certificate, in terms of the directions issued in W.P. No. 102082/2024 disposed of on 12.06.2024, and in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 and the Rules, 2017 framed thereunder. This exercise shall be completed within Eight (8) weeks from the date of receipt of a copy of this order. 2. The Respondent-Corporation has agreed to continue the Petitioner- Workman in a lighter job until the aforesaid exercise is completed and fresh orders are passed by the Management on the basis of the Medical Certificate. However, if the Workman fails to furnish the Medical Certificate/report for any reason whatsoever, the Corporation shall be at liberty to take an appropriate decision in the matter. 3. Upon receipt of the Medical Certificate/opinion from the Medical Board, the Corporation/Management shall assign the Petitioner-Workman to a lighter job in accordance with the recommendations made therein. It is further agreed that disabled employees, after furnishing the Medical Certificate, - 5 - HC-KAR NC: 2025:KHC-D:12812 WP No. 100760 of 2018 shall not be required to appear before any Committee at the Central Office. 4. After the issuance of the Medical Certificate by the Medical Board, the Management has agreed to act strictly in accordance with the said certificate and to take an appropriate decision in the matter. 5. If either party is aggrieved by the Medical Certificate/report issued by the Medical Board, such party may prefer an appeal under the provisions of the Rights of Persons with Disabilities Act, 2016, or in any other manner known to law. 6. The decision of the Management shall be communicated to the Petitioner- Workman immediately upon receipt of the Medical Certificate/report from the Medical Board along with copy of disability certificate. Until such fresh orders are passed on the basis of the Medical Certificate, the Petitioner- Workman shall continue in the lighter job. 7. The settlement so arrived at is fair, reasonable, and in accordance with law. It is in the interest of both parties and does not offend any statutory provision. WHEREFORE, both parties respectfully pray that this Hon'ble Court may be pleased to dispose of the above writ petition in terms of the aforesaid settlement, in the interest of justice and equity.” - 6 - HC-KAR NC: 2025:KHC-D:12812 WP No. 100760 of 2018 4. Accepting the joint memo of settlement, the petition is disposed of in accordance with the settlement reached between the parties. 5. This Court records its appreciation for the efforts of the learned Mediator Mr.B.D.Hiremath in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/ct:pa List No.: 1 Sl No.: 2