IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.52769 OF 2018 (S-KSRTC) BETWEEN K MANJUNATHA S/O KANIMAPPA AGED ABOUT 44 YEARS R/A KATHIRAJANA HALLI CHINNENA HALLI POST MADHUGIRI TALUK-572 132 TUMKUR DISTRICT (BY SRI M C BASAVARAJU, ADVOCATE) AND 1. THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES K H ROAD, SHANTHI NAGAR BANGALORE-560 027 2. THE DIVISIONAL CONTROLLER KSRTC, TUMKUR DIVISION TUMKUR -572 101 (BY SMT RENUKA H R, ADVOCATE) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ACCOMMODATE THE PETITIONER ANY OTHER ALTERNATIVE SUITABLE POST (LIGHT WORK) PERMANENTLY IN THE RESPONDENTS CORPORATION IN TERMS OF CIRCULAR NO.681 DTD 09.09.1987 ISSUED BY THE R-1 VIDE ANNX-O.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Smt.H.R.Renuka, learned counsel is directed to take notice for the respondents.
2. The petitioner is working as driver-cum-conductor in the respondent Corporation. The petitioner contends that he is unable to discharge his duties as driver-cum-conductor since he is suffering from right Thumb Traumatic Amputation, Cervical Spondylosis and Lumbar Spondylosis. The petitioner therefore made a representation to the respondent Corporation stating that the Medical Board was of the opinion that the petitioner is suffering from 45% permanent disability and therefore he requested for light work. Since the request of the petitioner was not considered, the petitioner approached this Court in W.P.No.9773/2018. The said writ petition was disposed of on 13.04.2018 directing the respondents to consider the representation and pass orders within a period of four weeks. Subsequently, the petitioner was referred to the Medical Board once again and the Medical Board assessed the disability of the petitioner at 10% to 15%. Consequently, the respondents issued an endorsement dated 03.07.2018 directing the petitioner to serve in the regular cadre as driver-cum-conductor. The instant petition is filed seeking direction to the respondent No.2 to accommodate the petitioner in any other alternative suitable post with light work.
3. On hearing the learned counsels and on going through the writ papers, this Court is of the opinion that the petitioner may not fall under the provisions of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995, but the petitioner may make a representation in terms of the Circular No.601 issued by the Rules Section of the respondent Corporation, which is dated 09.09.1987. In the said circular, it is provided that the Managing Director is authorized to consider re-categorisation of Class-III and IV employees who are incapacitated during the discharge of duties for suitable equivalent or lower job in exceptional and deserving cases in terms of Regulation-20(3) of KSRTC (Cadre and Recruitment) Regulations, 1982. Granting such liberty to the petitioner, the respondents are also directed to consider such representation and pass orders as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order. Writ petition is accordingly disposed of.
4. Smt.H.R.Renuka, learned counsel is permitted to file memo of appearance within a period of two weeks from today.
KLY/ SD/- JUDGE