- 1 - HC-KAR NC: 2025:KHC-D:12813 WP No. 102112 of 2025 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. 102112 OF 2025 (S-KSRTC) BETWEEN: SRI. SIDRAM S/O. DHAREPPA KHILARI, AGE: 41 YEARS, OCC. DRIVER, B.NO, 126 AT NWKRTC JAMKHANDI DEPOT, JAMAKHANDI, DIVISION BAGALKOT, DIST. BAGALKOTW-587101. …PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580009. 2. THE DIVISIONAL CONTROLLER NORTH WEST KARNTAKA ROAD, TRANSPORT CORPORATION, BAGALKOTE DIVISION, BAGALKOTE, DIST. BAGALKOTE-587101. 3. THE DEPOT MANAGER NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, JAMAKHANDI, DEPOT, JAMAKHANDI-587301, DIST. BAGALKOTE. …RESPONDENTS (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R1 TO R3) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12813 WP No. 102112 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE OFFICE ORDER BEARING NO. VAAKARASA/BAAVI/SIBBANDI/C3/2676/24 DATED. 24-10-2024 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-C. 2. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICE OF THE PETITIONER IN THE ALTERNATIVE POST FORTHWITH AT 3RD RESPONDENT DEPOT. 3. PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMS FIT BY THIS HON BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT PETITION WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS 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: 1. ISSUE writ, order or direction in the nature of Certiorari to quash the OFFICE ORDER bearing No. VAAKARASA/BAAVI/SIBBANDI/C3/2676/24 dated. 24-10-2024 issued by the respondent no.2 vide Annexure-C. 2. ISSUE writ, order or direction in the nature of Mandamus directing the respondents to continue the service of the petitioner in the alternative post forthwith at 3rd respondent depot. - 3 - HC-KAR NC: 2025:KHC-D:12813 WP No. 102112 of 2025 3. PASS any appropriate order or direction as deems fit by this Hon’ble Court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity. 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.S.P. Hudedagaddi 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 24-10-2024, vide Annexure-C 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 - 4 - HC-KAR NC: 2025:KHC-D:12813 WP No. 102112 of 2025 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, 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 - HC-KAR NC: 2025:KHC-D:12813 WP No. 102112 of 2025 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/report. 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.” 4. Accepting the joint memo of settlement, the petition is disposed of in accordance with the settlement reached between the parties. - 6 - HC-KAR NC: 2025:KHC-D:12813 WP No. 102112 of 2025 5. This Court records its appreciation for the efforts of the learned Mediator Mr.S.P. Hudedagaddi in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 4