Smt. Usha Bhaskar Bhakta v. the Divisional Controller
Case brief
What is this about?
NWKRTC / KSRTC window booking conductor; lighter job; Medical Board medical certificate; Rights of Persons with Disabilities Act 2016 and Rules 2017; mediation settlement 'For the Nation' 90 days drive; mediator B.D. Hiremath; joint memo of settlement; office order dated 21.11.2017 Annexure-F quashed via settlement; representations dated 17.12.2017 and 23.11.2017; W.P. No. 102082/2024 disposed 12.06.2024; Sirsi depot, Uttara Kannada; Suraj Govindaraj J; Dharwad Bench; NC: 2025:KHC-D:12812; petition disposed in terms of settlement.
What did the court decide?
Petition disposed of in terms of the joint memo of settlement: (i) Management/Corporation to refer the petitioner-workman to the Medical Board of the concerned district for a Medical Certificate in terms of the directions in W.P. No. 102082/2024 (disposed of on 12.06.2024) and in accordance with the Rights of Persons with Disabilities Act, 2016 and the Rules, 2017, within eight weeks; (ii) petitioner-workman to continue in a lighter job until fresh orders are passed on the basis of the Medical Certificate, failing furnishing of which the Corporation may take an appropriate decision; (iii) on receipt of the Medical Certificate, the Corporation to assign the petitioner-workman to a lighter job per its recommendations, and disabled employees furnishing the certificate are not required to appear before any Committee at the Central Office; (iv) Management to act strictly in accordance with the certificate; (v) any aggrieved party may appeal against the Medical Board report under the Rights of Persons with Disabilities Act, 2016 or otherwise known to law; (vi) the Management's decision to be communicated to the petitioner-workman immediately upon receipt of the Medical Certificate/report along with copy of disability certificate.