- 1 - HC-KAR NC: 2025:KHC-D:13600 WP No. 104146 of 2024 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. 104146 OF 2024 (S-KSRTC) BETWEEN: SHRI HUSSAINSAB S/O SAIDUSAB MASUTI, AGE. 41 YEARS, OCC. DRIVER, R/O.MUDHOL, TQ. YALBURGA, DIST. KOPPAL-583236. …PETITIONER (BY SRI. S.K. HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER KALYANA KARNATAKA ROAD, TRANSPORT CORPORATION, KOPPAL DIVISION, KOPPAL-583231. 2. THE CHIEF PERSONNEL MANAGER KALYANA KARNATAKA ROAD, TRANSPORT CORPORATION, CENTRAL OFFICE, GULBARGA-585101. 3. THE DEPOT MANAGER KALYANA KARNATAKA ROAD, TRANSPORT CORPORATION, YALABURGA DEPOT, YALABURGA-583236. …RESPONDENTS (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13600 WP No. 104146 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT BEARING NO.KAKARASANI/KOVI/SIBBANDI/SI- 03/1445/2023 DATED 20/09/2023 VIDE ANNEXURE-C ISSUED BY THE RESPONDENT NO.1 AND THE ORDER BEARING NO.KAKARASA/KOVI/YAGHA/AADALITHA/245/2024 DATED 24/02/2024 VIDE ANNEXURE-E ISSUED BY THE RESPONDENT NO.3.II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PROVIDE ALTERNATE LIGHTER JOB TO THE PETITIONER PERMANENTLY EXTENDING THE BENEFIT OF CONTINUITY OF SERVICE, CONSEQUENTIAL BENEFITS AND ALL OTHER SERVICE BENEFITS AS PER THE PROVISIONS OF THE PERSONS WITH DISABILITY ACT 1995 TO MEET THE ENDS OF JUSTICE.III) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER WITH REQUEST TO CONTINUE IN THE ALTERNATE LIGHTER JOB ASSIGNED BY THE CORPORATION VIDE REPRESENTATION DATED 12/03/2024 AS PER ANNEXURE-F. 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: i. Issue a writ in the nature of certiorari quashing the endorsement bearing No.KAKARASANI/KOVI/ SIBBANDI/SI-03/1445/2023 dated 20/09/2023 vide Annexure-C issued by the Respondent No.1 and the order bearing No. KAKARASA/KOVI/YAGHA/ AADALITHA/245/2024 dated 24/02/2024 vide annexure-e issued by the Respondent No.3. - 3 - HC-KAR NC: 2025:KHC-D:13600 WP No. 104146 of 2024 ii. Issue a writ of mandamus directing the respondents to provide alternate lighter job to the petitioner permanently extending the benefit of continuity of service, consequential benefits and all other service benefits as per the provisions of the Persons With Disability Act 1995 to meet the ends of justice. iii. Issue a writ of mandamus directing the respondents to consider the representation of the petitioner with request to continue in the alternate lighter job assigned by the corporation vide representation dated 12/03/2024 as per Annexure-F. iv. Issue any other appropriate writ, order or direction as Court deems fit to meet 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: - 4 - HC-KAR NC: 2025:KHC-D:13600 WP No. 104146 of 2024 JOINT MEMO “The above writ petition was filed challenging the office order/endorsement dated 20.09.2023 & 24.02.2024, vide Annexure-C & E 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 - 5 - HC-KAR NC: 2025:KHC-D:13600 WP No. 104146 of 2024 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. 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. - 6 - HC-KAR NC: 2025:KHC-D:13600 WP No. 104146 of 2024 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.: 4 Sl No.: 8