NAGENDRA S/O BALAPPA HOSAMANI v. THE CHIEF PERSONNEL MANAGER
WP/104921/2024 · 2025-09-18
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65649 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65649 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12960 WP No. 104921 of 2024
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. 104921 OF 2024 (S-KSRTC) BETWEEN:
NAGENDRA S/O BALAPPA HOSAMANI AGE. 38 YEARS, OCC. SERVICE IN NWKRTC GOKAK DEPOT GOKAK, R/O. GOKAK, TQ. GOKAK, DIST. BELAGAVI-590001.
…PETITIONER (BY SRI. VINAY S.KOUJALAGI, ADVOCATE)
AND:
1.
THE CHIEF PERSONNEL MANAGER, NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, CENTRAL OFFICER, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580001.
2.
THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CHIKKODI DIVISION, CHIKKODI DIST. BELAGAVI-590001.
3.
THE DEPOT MANAGER, NORTH WEST KARNATKAA ROAD TRANSPORT CORPORATION, GOKAK DEPOT, GOKAK DIST. BELAGAVI-590001.
…RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE)
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12960 WP No. 104921 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION AND QUASH THE ENDORSEMENT/ORDER DT. 5/7/2024 BEARING NO.ªÁ PÀ gÀ ¸Á/ a « / ¹§âA¢/ ¹-4/573/23 PASSED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-Q IN THE INTEREST OF JUSTICE AND EQUITY. 2) ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONTINUE THE PETITIONER IN THE ALTERNATIVE POST AS HELD BY HIM AT GOKAK DEPOT IN THE RESERVATION COUNTER FOR ISSUING TICKETS AND UTILIZE HIS SERVICES BY CONSIDERING HIS HEALTH CONDITION IN THE INTEREST OF JUSTICE AND EQUITY 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
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HC-KAR NC: 2025:KHC-D:12960 WP No. 104921 of 2024
thereto, a joint memorandum has been filed, recording the terms of the compromise, which reads as under:
“1. The Petitioner-Workman has filed the above writ petition challenging the order / endorsement dated. 05/07/2024 issued by the Corporation. 2. During pendency of the above writ petition parties have settled the issue involved in the present writ petition in following terms and condition in order put quietus to the litigation. a. The Corporation will again refer the workman to the Medical Board requesting the Medical Board to issue the Medical Certificate as per the direction issued in WP No. 102082/2024 and terms of the Right of Persons with Disability Act, 2016 and the Medical Certificate will be furnished within 12 weeks from the date of the receipt of the copy of the order. b. The Respondent Corporation has agreed to continue the petitioner /workman in the lighter job till 12 weeks or till he furnishes the Medical Certificate / report, as mentioned above, whichever is earlier, and the Corporation shall take appropriate decision based on such Medical Certificate / report. c. If the workman doesn't furnished the Medical Certificate / report for whatsoever reason, the Corporation is at liberty to take appropriate decision in the matter.
d. If the Corporation is aggrieved by such Medical Certificate / report the Corporation may prefer appeals under the Act of 2016. e. The above settlement and terms agreed upon is in accordance with law and do not offend any law of the
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HC-KAR NC: 2025:KHC-D:12960 WP No. 104921 of 2024
land. It is fair and reasonable settlement in the interest of both parties. WHEREFORE, the parties to the proceedings pray to dispose of the matter in the aforementioned terms and conditions, in the ends of justice and equity.”
3. Accepting the joint memorandum, the petition is
disposed of in accordance with the settlement reached between the parties.
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.: 15