- 1 - HC-KAR NC: 2025:KHC-D:11742 WP No. 108550 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 108550 OF 2019 (S-KSRTC) BETWEEN: SURESH S/O. VITTHAL NAIK, AGE: 38 YEARS, OCC: SERVICE IN NWKRTC, GOKAK DEPOT GOKAK, R/O. GOKAK, TQ. GOKAK, DIST: BELAGAVI. …PETITIONER (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. THE CHIEF PERSONNEL MANAGER NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, CENTRAL OFFICER, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. 2. THE DIVISIONAL CONTROLLER NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, CHIKKODI DIVISION, CHIKKODI, DIST: BELAGAVI. 3. THE DEPOT MANAGER NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, GOKAK DEPOT, GOKAK. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE FOR R1 TO R3) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11742 WP No. 108550 of 2019 THIS WP IS FILED UNDER ORDER 226 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ENDORSEMENT NO. ªÁPÀgÀ¥Á/a«/¹§âA¢/2745/ORDER DATED 18.02.2019 PASSED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-G. 2. ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONTINUE THE PETITIONER IN THE ALTERNATIVE POST AS HELD BY HIM AT GOKAK DEPOT IN THE RESERVATION COUNTER FOR ISSUING TICKETS AND UTILIZE HIS SERVICES BY CONSIDERING HIS HEALTH CONDITION IN THE INTEREST OF JUSTICE AND EQUITY. C. GRANT SUCH OTHER RELIEFS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. 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: 1. Issue Writ in the nature of certiorari or any other appropriate writ, order or direction and quash the endorsement no. ªÁPÀgÀ¥Á/a«/¹§âA¢/2745/order dated 18.02.2019 passed by the respondent no.2 produced at Annexure-G. 2. Issue Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to continue the petitioner in the alternative post as held by him at Gokak depot in the - 3 - HC-KAR NC: 2025:KHC-D:11742 WP No. 108550 of 2019 reservation counter for issuing tickets and utilize his services by considering his health condition in the interest of justice and equity. 3. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity. 2. The matter having been referred to mediation, has been successful and a compromise petition has been filed, which reads as under: COMPROMISE PETITION “1. The Petitioner-Workman has filed the above writ petition challenging the order / endorsement dated 18-02-2019 issued by the Corporation. 2. During Pendency of the above writ petition parties have settled the issue involved in the present writ petition in following terms and condition in order put quietus to the litigation. a. The Corporation will again refer the workman to the Medical Board by issuing an endorsement to the workman requesting the Medical Board to issue the Medical Certificate as per the direction issued in WP No. 102082/2024 and terms of the Right of Persons with Disability Act, 2016 and the Medical Certificate will be furnished within 12 weeks from the date of the receipt of the copy of the order. - 4 - HC-KAR NC: 2025:KHC-D:11742 WP No. 108550 of 2019 b. The Respondent Corporation has agreed to continue the petitioner /workman in the lighter job till 12 weeks or till he furnishes the Medical Certificate / report, as mentioned above, whichever is earlier, and the Corporation shall take appropriate decision based on such Medical Certificate / report. c. If the workman doesn't furnished the Medical Certificate / report for whatsoever reason, the Corporation is at liberty to take appropriate decision in the matter. d. If the Corporation/workmen is aggrieved by such Medical Certificate / report the Corporation / workman may prefer appeals under the Act of 2016. e. The above settlement and terms agreed upon is in accordance with law and do not offend any law of the land. It is fair and reasonable settlement in the interest of both parties. WHEREFORE, the parties to the proceedings pray to dispose of the matter in the aforementioned terms and conditions, in the ends of justice and equity.” 3. Accepting the said compromise petition which has been signed by the petitioner workman, counsel for the petitioner, the Chief Law Officer of the respondent - 5 - HC-KAR NC: 2025:KHC-D:11742 WP No. 108550 of 2019 and the counsel for respondent and having gone through the said compromise petition, being of the opinion that the terms of the compromise which have been agreed upon are lawful, the said compromise petition is accepted. 4. Placing appreciation for Smt.Shaila Bellikatti, learned mediator who has brought about the settlement between the parties, the petition stands disposed in terms of the joint compromise. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 202