IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.15393/2019(S-KSRTC) BETWEEN LAKSHMINARASIMHAIAH S/O LATE HANUMANTHAIAH AGED ABOUT 59 YEARS R/A GAVIAPPANA PALYA DASUDI - 572 118 HULIYAR HOBLI CHIKKANAYAKANAHALLI TALUK 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 BANGALORE CENTRAL DIVISION K.H.ROAD SHANTHI NAGAR BANGALORE - 560 027.
(BY SRI. B. L. SANJEEV, ADVOCATE) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 27.03.2019 VIDE
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Sri. B. L. Sanjeev, learned standing counsel for the respondent-Corporation is directed to take notice for the respondents.
2. The petitioner was appointed as Driver in the respondent–Corporation on 31.03.1993. The petitioner has put in more than 26 years of continuous service as Driver. The petitioner is suffering from peripheral Vascular disease (Thrombotic Angio Obliterans) L4-L5 lumbar disc herniation left knee Patellofemoral osteoarthritis and hence, he has been advised by the Doctors not to undertake work of a Driver. Therefore, the petitioner sought for an alternative light work.
3. Learned counsel for the petitioner submits that as per Circular No.1515, dated 26.03.2014, it is provided that the employees suffering from disability of more than 40% and Disability Certificate in a prescribed form would indicate that the disability is of permanent nature, the respondent shall consider the case of the petitioner for accommodation of light work permanently as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
4. On considering the representation made by the petitioner, the respondent-Corporation directed the petitioner to undergo medical examination at Hosmat Hospital, Bengaluru and accordingly, the petitioner has undergone another medical examination at Hosmat Hospital, Bengaluru. In the Medical Certificate dated 13.03.2018 issued by the Doctor at Hosmat Hospital, the petitioner has been advised to take-up light work only.
5. The petitioner was once again referred to the Medical Board, General Hospital, Jayanagar, wherein after due examination, the Medical Board was of the opinion that the petitioner suffers from 40% disability of permanent nature. Learned counsel for the petitioner submits that inspite of the said opinion of the Medical Board, the respondent- Corporation have issued an endorsement dated 27.03.2019, directing the petitioner to submit his application under ‘Voluntary Retirement Scheme’ within a period of seven days. Being aggrieved, the petitioner is before this Court.
6. It is seen from the impugned endorsement dated 27.03.2019 that the Divisional Controlling Officer, after going through the Medical Certificate issued by the Medical Board, is of the opinion that the petitioner will have to retire from service. Learned counsel for the petitioner has produced a copy of the Circular No.1483, dated 13.04.2013 to contend that the petitioner is not eligible to apply for the “Voluntary Retirement Scheme’.
7. In that view of the matter, liberty is granted to the petitioner to file reply/objections to the impugned endorsement dated 27.03.2019 within a period of seven days from today. The respondent shall consider the reply/ objections, which will be filed by the petitioner while making reference to the provisions of the Circular dated 14.03.2013 and any other aspect, which is available for the petitioner.
8. The respondent-Corporation shall consider the said reply/objections and pass orders in accordance with law, within a period of four weeks from the date of receipt of a reply/objections from the petitioner.
9. The impugned endorsement dated 27.03.2019 shall not take effect in the light of the observations made therein above.
With these observations, the writ petition is disposed of.
Sri. B. L. Sanjeev, learned standing counsel for the respondents is permitted to file Vakalath within a period of four weeks from today.
SD/- JUDGE DL