ASHOK MAHADEVAPPA GADEKAR v. MANAGEMENT REPRESENTED BY ITS
WP/111489/2017 · 2025-12-01
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61097 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61097 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16856 WP No. 111489 of 2017
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 111489 OF 2017 (S-KSRTC) BETWEEN:
ASHOK MAHADEVAPPA GADEKAR, AGE: 48 YEARS, OCC: CONDUCTOR, R/O: SAVADATTI (KAVALIPETH ONI), TQ: SAVADATTI, DIST: BELAGAVI.
… PETITIONER (BY SRI. S.G. HIREMATH, ADVOCATE)
AND:
MANAGEMENT REP. BY ITS DIVISIONAL CONTROLLER, NWKRTC, DHARWAD.
… RESPONDENT (BY SRI. M.M. KHANNUR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO EXTEND THE PERIOD OF ALTERNATE JOB OF THE PETITIONER TEMPORARILY DATED 27.12.2016 UNTIL HE CURES OF THE DISEASE AS PER ANNEXURE-F AND TO DIRECT THE RESPONDENT NOT TO DISTURB THE PRESENT POSITION OF HIS JOB OF THE PETITIONER UNTIL HE CURES OF DISEASE.
THIS PETITION, COMING ON FOR PRL. HEARING B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16856 WP No. 111489 of 2017
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
“Wherefore, the petitioner humbly prays that, this Hon'ble Court may be pleased to issue mandamus.
a) To direct the Respondent to extend the period of alternate job of the petitioner temporarily dated 27- 12-2016 until he cures of the disease as per Annexurel-F.
b) Direct the Respondent not to disturb the present position of his job of the petitioner until he cures of disease.
c) Issue any other order or direction deems fit in the circumstances of the case, including the cost of litigation, for ends of justice.”
2. The petitioner is appointed as a Conductor in the Corporation and has been working since 2013. It transpires that the petitioner suffered a disability during his service and owing to the said disability, the petitioner has submitted representation for rendering an alternate job or a lighter job in the owing to the said disability and the respondent is yet to consider the same and pass necessary orders in accordance with law.
3.
Learned counsel Shri M.M. Khannur submits that, if a reasonable time is granted, the representation of the petitioner
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HC-KAR NC: 2025:KHC-D:16856 WP No. 111489 of 2017
would merit consideration and necessary orders would be passed, if the petitioner has not yet been allotted a lighter or an alternate job.
4. In the event if the representation has already met
consideration, it is open to the petitioner to avail of such remedy as is available in law.
5. It is made clear that the representation of the petitioner if not yet met consideration, the same shall merit
consideration only if the petitioner would produce a medical certificate from the Medical Board in accordance with law. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 2 Sl No.: 126