SRI. SHARANAPPA S/O DODDABASAPPA GOREBAL v. THE DIVISIONAL CONTROLLER
WP/104563/2024 · 2025-09-25
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60808 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60808 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13446 WP No. 104563 of 2024
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104563 OF 2024 (S-KSRTC) BETWEEN:
SRI. SHARANAPPA S/O DODDABASAPPA GOREBAL AGED ABOUT 36 YEARS, OCC. DRIVER, KKRTC, KOPPAL DEPOT, KOPPAL DIVISION DIST. KOPPAL 583231 …PETITIONER (BY SRI. RAVI HEGDE., ADVOCATE)
AND:
1.
THE DIVISIONAL CONTROLLER KKRTC, KOPPAL DIVISION, KOPPAL DIST. KOPPAL 583231
2.
THE CHIEF PERSONNEL MANAGER (CPM) KKRTC, CENTRAL OFFICE, SARIGE SADANA MAIN ROAD, KALABURAGI 585105
3.
THE DEPOT MANAGER KKRTC, KOPPAL DEPOT, KOPPAL DIVISION DIST.KOPPAL 583231 …RESPONDENTS
(BY SRI. PRASHANTH HOSAMANI., ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ENDORSEMENT DATED. 03.07.2024 BEARING NO.
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13446 WP No. 104563 of 2024
KA.KA.RA.SAA/KO.VI/SIBBANDI/C-03/1147/2024, VIDE ANNEXURE-X, ISSUED BY 1ST RESPONDENT, AND ETC
THIS WRIT PETITION, COMING ON FOR ORDERS 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 a writ of certiorari or any other writ or order quashing the endorsement dated 03.07.2024 bearing No. Ka.Ka.Ra.Saa/Ko.Vi/Sibbandi/C-03/1147/2024, vide Annexure-X, issued by R1;
b. Consequent upon quashing aforesaid endorsement, issue a writ of mandamus to the respondents to assign lighter job to the petitioner permanently with all benefits as per provisions of, “The Rights of Persons with Disabilities Act, 2016”, with all benefits by fixing outer limit, and
c. Further direct the respondents to pay the wages from 21.06.2024 till the date of assignment of lighter job, by fixing time limit, and
d. 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.
2. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation
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HC-KAR NC: 2025:KHC-D:13446 WP No. 104563 of 2024
“For the Nation” 90 days’ drive. Sri.S.P.Hudedagaddi 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:
JOINT MEMO The above writ petition was filed challenging the office
order/endorsement dated 03-07-2024 issued by the Corporation. 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 there under. 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
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HC-KAR NC: 2025:KHC-D:13446 WP No. 104563 of 2024
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. 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. 4. Accepting the joint memo of settlement, the petition is
disposed of in accordance with the settlement reached between the parties.
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HC-KAR NC: 2025:KHC-D:13446 WP No. 104563 of 2024
5. This Court records its appreciation for the efforts of the learned Mediator Sri.S.P.Hudedagaddi in amicably resolving the dispute.
Sd/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 1 Sl No.: 31