Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12593 WP No. 147013 of 2020
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. 147013 OF 2020 (S-KSRTC) BETWEEN:
VEERASANGAYYA S/O SIDDAIYYA HIREMATH ( HULLALI), AGED ABOUT: 47 YEARS, OCC: PRESENTLY WORKIONG IN LIGHTER JOB, (OFFICE ASSISTANT) NWKRTC, AT POST: DANNUR, TALUK: HUNGUND, DIST: BAGALKOT-587118.
…PETITIONER
(BY SRIYUTHS: RAVI HEGDE, VINAYKUMAR BHAT AND M.H. BHAT, ADVOCATES) AND:
1.
THE DIVISIONAL CONTROLLER, NWKRTC BAGALKOT DIVISION, BAGALKOT, DIST: BAGALKOT-587101.
2.
THE DEPOT MANAGER, NWKRTC, ILAKAL DEPOT, DIST: BAGALKOT-587125.
3.
THE CHIEF PERSONNEL MANAGER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580030. …RESPONDENTS (BY SRI. PRASHANT S.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:12593 WP No. 147013 of 2020
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 ENDORSEMENT DATED:18.03.2020, IN ªÁPÀgÀ¸Á/¨Á«/¹§âA¢/¹3/828/2020 VIDE ANNEXURE-N, IN SO FAR AS ASKING THE PETITIONER TO PRODUCE THE DOCUMENTS INDICATES IN ITEM NO:1 & 2, PASSED BY THE RESPONDENT NO.1. b) CONSEQUENT UPON QUASHING THE AFORESAID ENDORSEMENT ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO CHANGE THE CADRE OF PETITIONER PERMANENTLY BY APPLYING CIRCULAR 1515 IN NO.PÀgÁ¸Á/PÉÃPÀ/DqÀ½vÀ/¸Éä/232/13-14, DATED 26/3/2014, VIDE ANNEXURE G 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.
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HC-KAR NC: 2025:KHC-D:12593 WP No. 147013 of 2020
2. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant 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
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HC-KAR NC: 2025:KHC-D:12593 WP No. 147013 of 2020
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 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.
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HC-KAR NC: 2025:KHC-D:12593 WP No. 147013 of 2020
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.: 5