SRI MAHANTESH S/O PATRAPPA YAVAGAL v. THE DIVISIONAL CONTROLLER
WP/105352/2023 · 2025-12-13
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61802 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61802 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND
SHRI LAXMAN T. MANTAGANI
WRIT PETITION No.105352/2023(S-KSRTC) LOK ADALAT No.906/2025. BETWEEN:
SHRI MAHANTESH S/O PATRAPPA YAVAGAL AGE. 37 YEARS, OCC. DRIVER, KKRTC, BALLARI-1ST DEPOT, BALLARI DIVISION, PRESENTLY ON LIGHTER JOB AS SECURITY, KKRTC, AT BALLARI-1ST DEPOT, DIST. BALLARI 583101. ...PETITIONER (BY SHRI RAVI HEGDE, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER, KKRTC, BALLARI DIVISION, BALLARI, DIST. BALLARI-583101. 2. CHIEF PERSONNEL MANAGER (CPM), KKRTC, CENTRAL OFFICE, SARIGE SADANA, MAIN ROAD, TQ. & DIST. KALABURAGI-585105. 3. THE DEPOT MANAGER, KKRTC, BALLARI-1ST DEPOT, BALLARI DIVISION, BALLARI-583101. …RESPONDENTS (BY SHRI PRASHANT HOSAMANI, ADVOCATE)
2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 14/07/2023, BEARING NO.KA.KA.RA.SA/BA.VI/SIBBANDI/P-3/608/2023 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-J AND ECT. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER The petitioner is before this Court praying to quash the office order dated 14.07.2023 (Annexure-J) issued by the 1st respondent insofar as it relates to restricting the lighter job upto 27.1.2027 and other reliefs. 2. The parties to the lis have amicably resolved their dispute before the Lok Adalat and to that effect, they have filed joint memo of settlement. The terms of settlement read as under:
1. The Management/Corporation shall refer the petitioner-workman to the Medical Board of the concerned district with a request to issue Medical certificate in terms of the direction issued in WP No.102082/2024 disposed of on 12.6.2024 and in accordance with the provisions of the Right of Persons with Disabilities Act, 2016 and the rules, 2017 framed there under this exercise shall be
3 completed within 8 weeks from the date of the receipt of the 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 Medical Certificate. However, if the workman fails to furnish the medial certificate/report for any reason whatsoever, the Corporation shall be at liberty to take appropriate decision in the matter. 3.
Upon the 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 the Medical board the Management has agreed to act strictly in accordance with the said certificate and take 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 Disabilities Act 2016, or in any other manner known to law. 6. The decision of the Management shall be communicated to petitioner workman immediately upon receipt of the Medical certificate/report from the Medical Board along with copy of Medical certificate. Until such fresh orders are passed on the basis of the Medical certificate, the petitioner workman shall continue in the lighter job. 4
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 provisions. 3. The joint memo of settlement is placed on record. In terms of joint memo, the respondent/Management is directed to refer the petitioner-workman to the Medical Board of the concerned district with a request to issue Medical Certificate in terms of direction issued in WP No.102082/2024, disposed of on 12.06.2024 and in accordance with the provisions of the Right of Persons with Disabilities Act, 2016 (For short, ‘Act, 2016’) and the Rules, 2017 framed thereunder. The entire exercise shall be completed within eight weeks from the date of receipt of certified copy of this order. 4. The respondent/Management is directed to continue the petitioner/workman in a lighter job until the above exercise is completed and fresh orders are passed by the Management on the basis of the Medical Certificate.
If the petitioner/workman fails to
5 furnish the Medical Certificate for any reason, the Management shall be at liberty to take appropriate decision in the matter. If the parties are aggrieved by the Medical Certificate, they are at liberty to file an appeal under the provisions of the Act, 2016. 5. Accordingly, in terms of joint memo, the petition stands disposed of. Sd/- JUDGE
Sd/- MEMBER
JTR, CT:VP
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