Mangaladevi D/O Chandrashekar Bakare Vs the… — Writ and Judicial Review | Karnataka HC (2025)

Mangaladevi D/O Chandrashekar Bakare Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the joint memorandum of settlement: (i) 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 per the Rights of Persons with Disabilities Act, 2016 and the Rules, 2017, within eight weeks; (ii) petitioner to continue in a lighter job until the exercise is completed and fresh orders are passed; (iii) assignment thereafter to a lighter job per the Board's recommendations, with no appearance required before any Committee at the Central Office once the certificate is furnished; (iv) appeal available under the 2016 Act against the Medical Board's certificate; (v) the Management's decision to be communicated immediately upon receipt of the certificate. The prayer to quash the endorsement dated 13-08-2024 was superseded by the settlement and not adjudicated.

Issue for consideration

Whether the endorsement dated 13-08-2024 (No. VA.KA.RA.SA/BHAVI/SIBBANDI/C4/2066/2024, Annexure-F) issued by respondent No. 1 ought to be quashed, and whether the respondents should be directed to assign lighter duty to the petitioner permanently, or till 05-04-2026 as per her disability certificate dated 06-04-2024 (Certificate No. UHID: 20240035589/302, Annexure-B), under the Rights of Persons with Disabilities Act, 2016.

Court's answer

The Court accepted the joint memorandum recording the compromise between the parties and disposed of the writ petition in accordance with the settlement reached between them; the challenge to the endorsement dated 13-08-2024 was therefore not adjudicated on merits.

Ratio / Principle

Under settlement term 1 (accepted by the Court), 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 Rights of Persons with Disabilities Act, 2016 and the Rules, 2017 framed thereunder, completing this exercise within Eight (8) weeks from receipt of a copy of the order.

Key takeaways

Under settlement term 2 (accepted by the Court), the Respondent-Corporation has agreed to continue the petitioner-workman in a lighter job until the Medical Board exercise is completed and fresh orders are passed on the basis of the Medical Certificate; however, if the workman fails to furnish the Medical Certificate/report for any reason, the Corporation shall be at liberty to take an appropriate decision.ratio¶37
Under settlement term 3 (accepted by the Court), upon receipt of the Medical Certificate/opinion from the Medical Board, the Corporation/Management shall assign the petitioner-workman to a lighter job in accordance with the recommendations made therein; it was further agreed that disabled employees, after furnishing the Medical Certificate, shall not be required to appear before any Committee at the Central Office.ratio¶42

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Suraj Govindaraj J), Writ Petition No. 105355 of 2024 (S-KSRTC), decided 18-09-2025 (NC: 2025:KHC-D:12606). Mangaladevi, a conductor of NWKRTC, Mudhol Depot, Bagalkot Division, sought a writ of certiorari to quash an endorsement dated 13-08-2024 (No. VA.KA.RA.SA/BHAVI/SIBBANDI/C4/2066/2024, Annexure-F) issued by the Divisional Controller, NWKRTC, Bagalkot Division, and a mandamus directing assignment of lighter duty permanently (or till 05-04-2026 per her disability certificate dated 06-04-2024, UHID: 20240035589/302) under the Rights of Persons with Disabilities Act, 2016. On reference to mediation under the Mediation Centre's 'For the Nation' 90 days' drive (mediator: Mr. B.D. Hiremath), the parties settled and filed a joint memorandum providing that the Corporation would refer the workman to the district Medical Board for a Medical Certificate in terms of the directions in W.P. No. 102082/2024 (disposed of on 12.06.2024) and per the 2016 Act and the Rules, 2017 within eight weeks; that she would continue on lighter duty meanwhile and until fresh orders; that assignment would follow the Board's recommendations, with no requirement to appear before any Committee at the Central Office once the certificate was furnished; and that an appeal lay under the 2016 Act against the certificate. Accepting the joint memorandum, the Court disposed of the petition in terms of the settlement; the endorsement itself was not adjudicated.