- 1 - HC-KAR NC: 2025:KHC-D:12598 WP No. 104301 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104301 OF 2021 (S-KSRTC) BETWEEN: SRI. SURESH S/O SANGAPPA BANI, AGED ABOUT. 42 YEARS, OCC. DRIVER CUM CONDUCTOR, NWKRTC, PRESENTLY ON LIGHTER DUTY, AT ATHANI DEPOT, CHIKKODI DIVISION, R/AT. C/O. CHAMAKERI ADVOCATE, JAARI GALLI, TQ. ATHANI, DIST. BELAGAVI-591304. …PETITIONER (BY SRI. RAVI HEGDE AND SRI. VINAYKUMAR BHAT, ADVOCATES) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, CHIKKODI DIVISION, CHIKKODI, DIST. BELAGAVI-591201. 2. THE DEPOT MANAGER, NWKRTC, ATHANI, DEPOT, CHIKKODI DIVISION, DIST. BELAGAVI-591201. 3. CHIEF PERSONAL MANAGER (CPM), NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST.DHARWAD-580030. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE FOR R1 TO R3) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12598 WP No. 104301 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE OFFICE ORDER DATED 18/10/2021, BEARING NO.VA.KA.RA.SA/CHI.VI/SIBBANDI/C-06/1132/21-22, ISSUED BY THE RESPONDENT NO.1, VIDE ANNEXURE-H, AND B) CONSEQUENT UPON QUASHING THE AFORESAID OFFICER ORDER, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ASSIGN LIGHTER JOB TO THE PETITIONER PERMANENTLY AND ALSO PAY THE SALARY FROM JUNE 2021 TO TILL ASSIGNING LIGHTER JOB WITH ALL BENEFITS AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Mr. B.D. Hiremath was appointed as the Mediator in the present case. 2. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant - 3 - HC-KAR NC: 2025:KHC-D:12598 WP No. 104301 of 2021 thereto, a joint memorandum has been filed, recording the terms of the compromise, which reads as under: “The above writ petition was filed challenging the office order/endorsement dated_______, vide Annexure-____ 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 thereunder. 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 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 - 4 - HC-KAR NC: 2025:KHC-D:12598 WP No. 104301 of 2021 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 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. 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.” 3. Accepting the joint memorandum, the petition is disposed of in accordance with the settlement reached between the parties. - 5 - HC-KAR NC: 2025:KHC-D:12598 WP No. 104301 of 2021 4. This Court records its appreciation for the efforts of the learned Mediator Mr. B.D. Hiremath in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT: UMD List No.: 4 Sl No.: 6