Writ by KSRTC employees seeking permanent light work with pay protection as persons with disabilities. Petitioner No.1 was accommodated with light work for two years; petitioner No.2's claim was directed to be decided per Krishnappa on production of a disability certificate.
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NC: 2024:KHC:7041 WP No. 17865 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 17865 OF 2023 (S-KSRTC)
BETWEEN:
W/O LATE MAYENGAIAH AGED 41 YEARS, R/A CHIKKAKALAKANI CHIDARAVALLI POST T.NARASIMPURA TALUK, MYSORE DISTRICT - 571124.
MYSORE DISTRICT - 571105
…PETITIONERS
(BY SRI. M C BASAVARAJU.,ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:7041 WP No. 17865 of 2023
…RESPONDENTS
(BY SMT. RENUKA H R.,ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROCEEDINGS BEARING NO.KARASA.KEKA.SIBBANDI.C-6/109/ 423/2023-24 DTD 28.6.2023 PASSED BY THE SECOND RESPONDENT VIDE ANNX-D TO THE WP IN SO FAR AS SL.NO.77 AND 84 ARE CONCERNED AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in this writ petition are seeking following
prayer:
NC: 2024:KHC:7041 WP No. 17865 of 2023
protection under the facts and circumstances of the case or
NC: 2024:KHC:7041 WP No. 17865 of 2023
6. A person with a disability means a person suffering not less than 40% of a specified disability as envisaged under Section 2(r) of the Disability Act, 2016. The said certificate of the disability to be in the prescribed Form Nos.VI and VII of the Right of Person with Disability Rules, 2017. In light of the norms specified above, the petitioner to undergo medical examination and the disability certificate to be obtained with the said specifications and on submission of the disability certificate by the workman the respondent-authority is at liberty to look in to the aspect and pass necessary orders in accordance with law.
7. The disability certificate shall be obtained and submitted to the respondent-corporation within a period of six weeks from the date of receipt of this order and on such submission of the disability certificate, the respondent-corporation to consider the same and take a decision in accordance with the law, within a period of four weeks thereof.
NC: 2024:KHC:7041 WP No. 17865 of 2023
W.P.No.15075/2022.
SD/JUDGE
TS
List No.: 1 Sl No.: 24
1 issue framed by the court
Whether the impugned proceedings denying permanent light work to the petitioners under Section 20(4) of the Rights of Persons with Disabilities Act, 2016 could be quashed.
Colour shows how this judgement treated each authority
Krishnappa -Vs- Managing Director and othersFollowed¶3
W.P.No.15075/2022 (S-KSRTC)
2 provisions across 2 enactments
Madegowda
Kumara Shetty H.S.
The Managing Director KSRTC
The Director (Establishment and Vigilance) The Chairman The Committee for Verification of Alternative Post, KSRTC
The Divisional Controller KSRTC Mysore Division
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
