S.Kusuma vs The Managing Director
2023 Latest Caselaw 1775 Kant

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                                                  WA No. 347 of 2021




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 10TH DAY OF MARCH, 2023

                                     PRESENT
                     THE HON'BLE MR JUSTICE ALOK ARADHE
                                       AND
                  THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                    WRIT APPEAL NO.347 OF 2021 (S-KSRTC)
             BETWEEN:

                   S. KUSUMA
                   W/O B K KIRAN KUMAR,
                   AGED ABOUT 34 YEARS,
                   R/A OPPOSITE TO NEW COURT COMPLEX,
                   KORATAGERE TOWN,
                   TUMKUR DISTRICT - 572 129
                                                        ...APPELLANT
             (BY SRI. M C BASAVARAJU, ADVOCATE)

             AND:
Digitally
signed by    1.    THE MANAGING DIRECTOR,
GAYATHRI N
Location:          KSRTC, CENTRAL OFFICES,
HIGH               K H ROAD, SHANTHI NAGAR,
COURT OF           BENGALURU - 560 027
KARNATAKA

             2.    THE DIRECTOR
                   (ESTABLISHMENT AND ENVIRONMENT)
                   THE CHARIMAN,
                   THE COMMITTEE FOR VERIFICATION OF
                   ALTERNATIVE POST,
                   KSRTC, CENTRAL OFFICES,
                   K H ROAD, SHANTHI NAGAR,
                   BENGALURU - 560 027
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                                       WA No. 347 of 2021




3.   THE DIVISIONAL CONTROLLER
     KSRTC, TUMKUR DIVISION,
     TUMKUR - 572 101
                                           ...RESPONDENTS
(BY SMT. H.R.RENUKA, ADVOCATE)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE
ORDER OF THE LEARNED SINGLE JUDGE PASSED IN
W.P.NO.27190/2019 (S-KSRTC) DATED 20.01.2021 AND b)
GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE
COURT MAY DEEM FIT TO GRANT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.

     THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:


                       JUDGMENT

Sri.M.C.Basavaraju, learned counsel for the

appellant.

Smt.H.R.Renuka, learned counsel for the respondent.

This intra Court appeal has been filed against the

order dated 20.01.2021 passed by the learned Single

Judge by which the writ petition preferred by the appellant

seeking a prayer for assigning any light work has been

rejected. In compliance of the order passed by a Bench of

this Court on 27.09.2022, admittedly, the appellant has

WA No. 347 of 2021

been examined by the Sanjay Gandhi Institute of Trauma

& Orthopaedics and medical report has been submitted.

2. We have heard learned counsel for the parties.

3. Learned counsel for the respondent fairly

submits that the Corporation shall fairly consider the

grievance of the appellant in view of the subsequent

medical report received by the Corporation.

4. In view of the aforesaid submission and in the

facts of the case, appeal is disposed of with a direction to

the Corporation to decide the request of the appellant to

assign him light work by a speaking order within a period

of two months from the date of receipt of copy of this

order.

Sd/-

JUDGE

Sd/-

JUDGE

MDS