Hanumanth S/O. Goolappa Kuri Vs the Divisional… — Writ and Judicial Review | Karnataka HC (2025)

Hanumanth S/O. Goolappa Kuri Vs the Divisional… — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC-D:10767 WP No. 103026 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 23^RD DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 103026 OF 2025 (S-KSRTC) BETWEEN:

HANUMANTH S/O. GOOLAPPA KURI AGE: 35 YEARS, OCC. NWKRTC DRIVER, R/O. ACHAMATTI, TQ. SAVADATTI, DIST. BELAGAVI-591126.

…PETITIONER

(BY SRI. K.S. KORISHETTAR, ADVOCATE)

AND:

THE DIVISIONAL CONTROLLER NWKRTC, DHARWAD DIVISION, DHARWAD-580001.

…RESPONDENT

Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad

(BY SRI. PRASHANT HOSAMANE, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF MANDAMUS TO DIRECT THE RESPONDENT TO MAKE ARRANGEMENT FOR ALTERNATIVE JOB TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16/01/2025 AS PER ANNEXURE-H AND KINDLY DIRECT THE RESPONDENT TO PROVIDE ALTERNATIVE SERVICE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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NC: 2025:KHC-D:10767 WP No. 103026 of 2025

HC-KAR

THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

The petitioner is before this Court seeking for the following reliefs:

a. Issue Writ of Mandamus to direct the Respondent to make arrangement for alternative job to the Petitioner, in the interest of justice and equity.

b. Issue a Writ of Mandamus to the Respondent to consider the representation submitted by the Petitioner dated 16/01/2025 as per Annexure-H and kindly direct the respondent to provide alternative service in the interest of justice and equity.

c. Grant such other reliefs deemed fit by this Hon’ble Court, in the interest of justice and equity.

The matter having been referred to mediation, the dispute has been settled in the mediation and a joint memo of settlement has been filed which reads as under:

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NC: 2025:KHC-D:10767 WP No. 103026 of 2025

HC-KAR

JOINT MEMO OF SETTLEMENT

1. The Petitioner- Workman has filed the above writ petition prayer for a writ of mandamus directing the Corporation to consider representation and continue him in lighter job.

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 6 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 six 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

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NC: 2025:KHC-D:10767 WP No. 103026 of 2025

HC-KAR

any law of the 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.

Accepting the terms of settlement as contained in the joint memo and the said agreement having been arrived at in accordance with law, the said joint memo is accepted.

The petition is disposed of in terms of the joint memo.

Sd/(SURAJ GOVINDARAJ) JUDGE

gab CT-PA List No.: 1 Sl No.: 42