- 1 - HC-KAR NC: 2025:KHC-D:12592 WP No. 107928 of 2016 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. 107928 OF 2016 (S-KSRTC) BETWEEN: 1. SMT. MANGALA BASAVARAJ KHILARI AGE: 40 YEARS, OCC: SERVICE, 2. SHAMSHODDIN JANGALISAB KAZI AGE: 52 YEARS, OCC: SERVICE, 3. BASAPPA RUDRAPPA FAKIRANNAVAR AGE: 52 YEARS, OCC: SERVICE, 4. VEKAPPA S GANIGER, AGE: 40 YEARS, OCC: SERVICE, 5. ALLAUDDIN BABUSAB MULLA, AGE: 49 YEARS, OCC: SERVICE, R/O: ALL PRESENTLY SERVING AT NWKRTC BUS-STAND-BELAGAVI. …PETITIONERS (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION KSRTC-BUS STAND-GOKUL ROAD, HUBBLI. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12592 WP No. 107928 of 2016 2. THE DIVISIONAL CONTROLLER NORTH WEST KARNATAKA ROAD TRASNPORT CORPORATION KSRTC-CENTRAL BUS STAND-BELAGAVI. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE A WRIT OF MANDAMUS OF DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER TEH DISABILITY CERTIFICATE BEARING REGISTRATION NO.26021 ANNEXURE-“A” AND DISABILITY CERTIFICATE DATED:06.01.2015, ANNEXURE-“A1” OF THE PETITIONER NO.1, MEDICAL CERTIFICATE DATED:06.11.2015, VIDE ANNEXURE-“C” AND DISABILITY CERTIFICATE BEARING REGISTRATJION NO.18681 DATED:02.02.2016, VIDE ANNEXURE-“C1” AND DISABILITY CERTIFICATE BEARING REGISTRATION NO.24732/2016 DATED:10.02.2016, VIDE ANNEXURE-“C2” OF THE PETITIONER NO.2, MEDICAL CERTIFICATE DATED:05.06.2012, VIDE ANNEXURE-“E” DISABILITY CERTIFICATE BEARING REGISTRATION NO.169451 VIDE ANNEXURE-“E1”, MEDICAL CERTIFICATE DATED:19.02.2014 VIDE ANNEXURE-“E2” OF THE PETITIONER NO.3, MEDICAL CERTIFICATE DATED:06.01.2015 VIDE ANNEXURE “G” AND DISABILITY CERTIFICATE BEARING REGISTRATION NO.763321/2016 DATED:17.05.2016, VIDE ANNEXURE “G1” OF THE PETITIONER NO.4 AND MEDICAL CERTIFICATE DATED:18.09.2012, VIDE ANNEXURE “J” AND THE DISABILITY CERTIFICATE BEARING REGISTRATION NO.87618 DATED:10.06.2016, VIDE ANNEXURE “J1” OF THE PETITIONER NO.5 ARE PERMANENT DISABILITY CERTIFICATE AND NOT TO INITIATE FOR DISABILITY CERTIFICATE FOR EVERY SIX MONTHS. II. DIRECT THE RESPONDENTS TO POST THE PETITIONERS FOR SOME OTHER POST AS PER PROVISIONS OF THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT 1995 AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:12592 WP No. 107928 of 2016 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: “The above writ petition was filed challenging the office order/endorsement dated_______, vide Annexure-____ 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 - 4 - HC-KAR NC: 2025:KHC-D:12592 WP No. 107928 of 2016 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. 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 medical certificate. Until such fresh orders are passed on the basis of the Medical Certificate, the Petitioner-Workman shall continue in the lighter job. - 5 - HC-KAR NC: 2025:KHC-D:12592 WP No. 107928 of 2016 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. B.D. Hiremath in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT: UMD List No.: 4 Sl No.: 4