- 1 - HC-KAR NC: 2025:KHC:42899-DB WA No. 753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 753 OF 2025 (S-KSRTC) BETWEEN: 1. ANANTHA D S/O LATE S.R. DEVEERAPPA AGED ABOUT 53 YEARS R/A KAPPAGERE ROAD GORAVINAKALLU HOSADURGA CHITRADURGA DISTRICT -577527 …APPELLANT (BY SRI. BASAVARAJU M C., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES K.H.ROAD SHANTHINAGAR BANGALORE -560027 2. THE DIRECTOR (ESTABLISHMENT AND VIGILANCE) THE CHAIRMAN THE COMMITTEE FOR VERIFICATION OF ALTERNATIVE POST, KSRTC CENTRAL OFFICES, K.H. ROAD SHANTHINAGAR BANGALORE -560027 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42899-DB WA No. 753 of 2025 3. THE DIVISIONAL CONTROLLER KSRTC CHITRADURGA DIVISION CHITRADURGA - 577501 …RESPONDENTS (BY SMT. RENUKA H.R., ADVOCATE R1 TO R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP No-8367/2025 DATED 27.03.2025. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court Appeal has been filed impugning the judgment and order 27.03.2025 passed by the learned Single Judge in W.P.No.8367/2025 (S-KSRTC). 2. For the sake of convenience, the parties are referred to as per their rankings before the learned Single Judge. 3. The petitioner is working as a Driver in the KSRTC, who was appointed in the year 2004. According to the petitioner he suffered Renal Cell Carsinoma and had undergone Nephrectomy - 3 - HC-KAR NC: 2025:KHC:42899-DB WA No. 753 of 2025 in the year 2010. Petitioner had filed claim petition in ID No.22/2014 under Section 10(4-A) of the Industrial Disputes Act, 1947, before the III Additional Labour Court, Bengaluru, questioning the decision to dismiss him from service vide order dated 31.01.2014 on the ground of unauthorized absence. 4. The Labour Court vide award dated 30.06.2015 has allowed the claim petition and set aside the order of dismissal dated 31.01.2014. The Labour Court also directed the appellant's reinstatement with certain benefits. The petitioner was thereafter, reinstated and assigned light duty. The petitioner was thereafter examined by Medical Board, which opined that the petitioner had not suffered from any physical disability and that he was fit to perform the regular work. 5. In view of the aforesaid finding of the Medical Board, the petitioner was directed vide order dated 06.03.2025 to assign him regular work subject to suitability. The said order came to be challenged by the petitioner by filing W.P.No.8367/2025. The learned Single Judge having considered the opinion of the Medical Board which opined that there was no physical - 4 - HC-KAR NC: 2025:KHC:42899-DB WA No. 753 of 2025 impairment and no further assessment is needed in respect of the petitioner, dismissed the writ petition. 6. We find no reasons to interfere with the impugned judgment and order dated 27.03.2025, passed by the learned Single Judge, inasmuch as we cannot substitute the expert opinion given by the Medical Board, once the Medical Board recorded a finding that petitioner was fit to resume the regular work. 7. In view of the aforesaid, we dismiss the present writ appeal. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 12