SHRI LINGABASAPPA HALWARTI v. THE DIVISIONAL CONTROLLER
WP/104751/2025 · 2025-09-26
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51860 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51860 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13606 WP No. 104751 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104751 OF 2025 (S-KSRTC) BETWEEN:
SHRI LINGABASAPPA HALWARTI S/O. VENKAPPA, AGED ABOUT 55 YEARS, OCC. DRIVER CUM CONDUCTOR, KKRTC, HUVINAHADAGALI DEPOT, HOSAPETE DIVISION, DISTRICT. VIJAYANAGAR – 583 201.
(PRESENTLY ON LIGHTER JOB) …PETITIONER (BY SRI. RAVI HEGDE, ADVOCATE)
AND:
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THE DIVISIONAL CONTROLLER, KKRTC, HOSAPETE DIVISION, HOSAPETE, DISTRICT: VIJAYANAGAR – 583 201.
2.
THE DEPOT MANAGER, HUVINAHADAGALI DEPOT, HOSAPETE DIVISION, DISTRICT. VIJAYANAGAR-583201. …RESPONDENTS (BY SRI. M.M.KHANNUR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE
ORDER DATED 9.05.2025 BEARING NO.KA.KA.RA.SAA/HOO.VI/SIBBANDI/C-3/651/2025, VIDE
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13606 WP No. 104751 of 2025
ANNEXURE-J, ISSUED BY THE 1ST RESPONDENT, INSOFAR AS RESTRICTING THE LIGHTER JOB FOR A PERIOD OF 3 MONTHS IS CONCERNED AND IN RESPECT OF PETITIONER ONLY, AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. 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.M.H.Patil was appointed as the Mediator in the present case. 2. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memorandum 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 09-05-2025 issued by the Corporation
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:
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HC-KAR NC: 2025:KHC-D:13606 WP No. 104751 of 2025
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 there under. 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 falls 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. 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. - 4 -
HC-KAR NC: 2025:KHC-D:13606 WP No. 104751 of 2025
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. 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. 3. Accepting the joint memorandum, the petition is
disposed of in accordance with the settlement reached between the parties.
4. This Court records its appreciation for the efforts of the learned Mediator Mr.M.H.Patil in amicably resolving the dispute.
Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 11 Sl No.: 7