- 1 - HC-KAR NC: 2025:KHC-D:12607 WP No. 106305 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106305 OF 2024 (S-KSRTC) BETWEEN: SRI. MAHADEV S/O SHIVAPPA KOTI, AGE. 52 YEARS, OCC. DRIVER NO.4342 NWKRTC, BAGALKOT DIVISION, BAGALKOT DIST. BAGALKOT-587101. …PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. MANAGING DIRECTOR, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI, DISTRICT. DHARWAD-580009. 2. THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, BAGALKOT DIVISION, BAGALKOT, DIST. BAGALKOT-587101. 3. THE DEPOT MANAGER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, BAGALKOT DEPOT. BAGALKOT-587101. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12607 WP No. 106305 of 2024 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 ENDORSEMENT BEARING NO. VAAKARASAA/BAVI/SIBBANDI/C-3/702/2024 DATED 14-03-2024 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-H. 2. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER IN THE ALTERNATIVE/LIGHTER POST AT 3RD RESPONDENT DEPOT FORTHWITH OR ELSE CHANGE THE CADRE OF PETITIONER TO THE POST SUITABLE TO HIS QUALIFICATION WITH THE SAME SCALE OF PAY AND SERVICE BENEFITS AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: 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. B.D. Hiremath 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: - 3 - HC-KAR NC: 2025:KHC-D:12607 WP No. 106305 of 2024 “The above writ petition was filed challenging the office order/endorsement dated 14-3-2024, vide Annexure-H 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, shall not be required to appear before any Committee at the Central Office. - 4 - HC-KAR NC: 2025:KHC-D:12607 WP No. 106305 of 2024 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/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.” 3. Accepting the joint memorandum, the petition is disposed of in accordance with the settlement reached between the parties. - 5 - HC-KAR NC: 2025:KHC-D:12607 WP No. 106305 of 2024 4. 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 VB CT: UMD List No.: 4 Sl No.: 17