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2025 DAILYLAW 61112 (KAR)

SRI AMEEN S/O MEHABOOB DAFEDAR v. THE MANAGING DIRECTOR

WP/107980/2025 · 2025-12-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17904 WP No. 107980 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107980 OF 2025 (S-KSRTC) BETWEEN: SRI. AMEEN S/O MEHABOOB DAFEDAR AGE. 56 YEARS, OCC. DRIVER-CUM-CONDUCTOR AT N.W.K.R.T.C., BELAGAVI DEPOT NO.1, BELAGAVI DVN, BELAGAVI, DIST. BELAGAVI-590002. …PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580009. 2. THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, BELAGAVI DIVISION, DIST. BELAGAVI-590002. 3. THE DEPOT MANAGER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, BELAGAVI, DEPOT NO.1, BELAGAVI-590002, DIST. BELAGAVI. …RESPONDENTS (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO. VAAKARASA/BEVI/SIBBANDI/D-1/1838 DATED 28.07.2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-G. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 12:06:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17904 WP No. 107980 of 2025 THIS WRIT PETITION COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: 1. ISSUE writ, order or direction in the nature of Certiorari to quash the ENDORSEMENT bearing No. VAAKARASA/BEVI/SIBBANDI/D-1/1838 dated 28.07.2025 issued by the Respondent No.2 vide Annexure-G. 2. ISSUE writ, order or direction in the nature of Mandamus directing the respondents to provide alternative/lighter job to the petitioner forthwith at 3rd respondent Depot. 3. PASS any appropriate order or direction as deems fit by this Hon’ble court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity. 2. The prayer of the petitioner is for grant of a lighter job. The Medical Board has assessed the disability of the petitioner. The disability of the petitioner is depicted to be 10%. For a lighter job to be granted, a disability should be under the Act, which is a minimum at 40%. The petitioner is shown to have 10% damage to the heart and the liver. The damage to the heart and liver ostensibly is the petitioner being constantly in an inebriated state. Therefore, there cannot be a demand by the - 3 - HC-KAR NC: 2025:KHC-D:17904 WP No. 107980 of 2025 petitioner that he should get a lighter job owing to his 10% disability. 3. In the light of the disability being at 10%, no mandamus would lie to the respondent-Corporation to give a lighter duty, but it is open for the respondent-Corporation to give such duty so that the passengers would not be put to peril on account of the alleged habit of the petitioner. 4. With aforesaid observation, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK LIST NO.: 1 SL NO.: 208