P MANJUNATH S/O SHIVAPPA RAJANAL v. THE DIVISIONAL CONTROLLER
WP/106074/2025 · 2025-09-10
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60684 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60684 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:11746 WP No. 106074 of 2025
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. 106074 OF 2025 (S-KSRTC) BETWEEN:
MANJUNATH S/O. SHIVAPPA RAJANAL, AGE: 39 YEARS, OCC. DRIVER -CUM CONDUCTOR (3476/5738) NWKRTC, PRESENTLY ON LIGHTER DUTY, AT RAMADURG, R/O. HALAGATTI-592311, TQ. RAMADURG, DIST. BELAGAVI. …PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER NWKRTC, BELAGAVI DIVISION, BELAGAVI, DIST. BELAGAVI-590001. 2. DEPOT MANAGER RAMDURG DEPOT, NWKRTC, RAMDURG-591123, DIST. BELAGAVI. 3. DIVISIONAL CONTROLLER NWKSRTC, DHARWAD RURAL DIVISION, DHARWAD-580001. 4. CHIEF PERSONNEL MANAGER (CPM) NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580029, DIST. DHARWAD. …RESPONDENTS (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R1 TO R4)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
- 2 -
HC-KAR NC: 2025:KHC-D:11746 WP No. 106074 of 2025
THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICER ORDER DATED. 3.1.2025 BEARING NO. VAA KA RA SAA/DHA VI/SIBBANDI/SI-5/2144, ISSUED BY THE RESPONDENT NO. 3, VIDE ANNEXURE-F AND B) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO. 3 TO CONTINUE LIGHTER JOB TO THE PETITIONER PERMANENTLY BY CONSIDERING REPRESENTATION DATED. 17.02.2025, VIDE ANNEXURE-G, AND C) ISSUE ANY OTHER WRIT OR ORDER AS THIS HON BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST, IN THE ENDS OF JUSTICE. 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: a. Issue writ of certiorari or any other writ or order quashing the officer order dated 03.01.2025 bearing no. Vaa Ka Ra Saa/Dha Vi/Sibbandi/Si-5/2144, issued by the Respondent no. 3, vide Annexure-F and
b. Issue writ of mandamus directing the Respondents no. 3 to continue lighter job to the petitioner permanently by considering representation dated. 17.02.2025, vide Annexure-G, and
c. Issue any other writ or order as this Hon’ble court may deem fit in circumstances of the case including the cost, in the ends of justice. - 3 -
HC-KAR NC: 2025:KHC-D:11746 WP No. 106074 of 2025
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. 3-1-2025 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 put quietus to the litigation. a. The Corporation will again refer the workman to the District Jurisdictional Medical Board 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. 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. - 4 -
HC-KAR NC: 2025:KHC-D:11746 WP No. 106074 of 2025
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 is aggrieved by such Medical Certificate / report the Corporation 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 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 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. - 5 -
HC-KAR NC: 2025:KHC-D:11746 WP No. 106074 of 2025
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.: 226