Karnataka High Court
Sri. Basavaraj S/O. Siddalingappa ... vs The Divisional Controller on 12 June, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:7829
WP No. 102082 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.102082/2024(S-KSRTC)
BETWEEN:
SRI BASAVARAJ S/O. SIDDALINGAPPA GADAD,
AGED ABOUT 59 YEARS,
OCC: DRIVER, NWKRTC,
DHARWAD RURAL DEPOT,
DHARWAD RURAL DIVISION,
DIST: DHARWAD - 580 001.
...PETITIONER
(BY SRI VINAY KUMAR BHAT, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
NWKRTC, DHARWAD RURAL DIVISION,
DIST: DHARWAD - 580 001.
2. CHIEF PERSONNEL MANAGER (CPM),
NWKRTC, CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI,
Digitally DIST: DHARWAD - 580 030.
signed by V N
BADIGER
Location: 3. THE DEPOT MANAGER,
High Court of NWKRTC, DHARWAD RURAL DEPOT,
Karnataka
DHARWAD RURAL DIVISION,
DIST: DHARWAD - 591 123.
...RESPONDENTS
(BY SRI PRASHANT S. HOSAMANI,
ADVOCATE FOR C/R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE
COMMUNICATION DATED 9/03/2024, BEARING NO. VA.KA.RA.SA
/DHA.GRA.VI/SIBBANDI/NI/2895, VIDE ANNEXURE- F, ISSUED BY
1ST RESPONDENT, IN SO FAR AS PETITIONER IS
CONCERNED, AND ETC.,
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NC: 2024:KHC-D:7829
WP No. 102082 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court aggrieved by the Communication dated 09.03.2024, produced at Annexure-F, issued by respondent No.1 by which the petitioner was directed to secure disability certificate in Form No.III stating percentage of the disability.
2. The case of the petitioner is that, he was appointed as a driver on daily wage basis in the year 1995 by respondent No.1 and that he completed his probationary period on 10.11.1999. Since then, he rendered his services as permanent employee under respondent No.1. It is the further case of the petitioner that he was infected by COVID-
2019 and he was admitted to KIMS hospital, Hubballi where he was diagnosed to have been infected with Black Fungus to his mouth. That he was given treatment for a period of one month including undergoing a surgery. As a result of the disease, he has lost all his teeth and that even his gums have been removed. That the petitioner is now unable to consumer his regular course of food and he is depending on -3- NC: 2024:KHC-D:7829 WP No. 102082 of 2024 the liquid diet. In view of his condition, he had made a representation dated 23.9.2021 to respondent-authorities requesting them to provide him a lighter job. After examination of the records, respondent No.1 had issued Office Order dated 10.02.2022, providing him a lighter job for a period of one year. That even before the expiry of the said period of one year, the petitioner had requested the respondent-authorities to continue in the lighter job as his health condition had not improved. Acting upon the said request, respondent No.1 had issued Office Order dated 02.03.2023 extending the period by another one year.
However, by Communication dated 09.03.2024, produced at Annexure-F, the respondent-authorities called upon the petitioner to secure one more medical certificate in the prescribed Form No.III mentioning the percentage of his disability and other details as prescribed.
3. It is the case of the petitioner that he had undergone medical examination before the Medical Authority, Dharwad, who had issued disability certificate in Form No.III, dated 22.01.2024 stating that the petitioner is -4- NC: 2024:KHC-D:7829 WP No. 102082 of 2024 suffering from 45% disability, which is produced at Annexure-G to the writ petition. It is his contention that when Medical Authority has already issued a certificate stating that the petitioner is suffering 45% permanent disability, in the light of Circular No.5151, issued by the respondent-authorities, he was not required to furnish a fresh medical certificate. Thus, being aggrieved by the same, the petitioner is before this Court.
4. This Court on 19.04.2024, after hearing the learned counsel for the petitioner and the respondents, had directed the petitioner to appear before the District Surgeon, Dharwad in compliance of the Communication dated 09.03.2024, within a period of one month and the District Surgeon, Dharwad was directed to issue a disability certificate in the prescribed format as stated in the Communication produced at Annexure-F.
5. The Registry of this Court has received a Communication dated 01.06.2024, issued by the District Surgeon, District Hospital, Dharwad along with disability certificate in Form No.III - Medical Report and calculation -5- NC: 2024:KHC-D:7829 WP No. 102082 of 2024 sheet. Perusal of this disability certificate shows sorry state of affair in the process adopted by the Medical Authority in discharge of its statutory obligation. The said certificate does not meet the requirements either of the law or the instructions/guidelines issued by the State in that regard.
The said disability certificate, medical report and calculation sheet as sent to this Court are scanned herein for immediate reference;
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6. It is necessary to note that the purpose of order directing the Medical Board to submit a disability certificate in prescribed format is not far to seek. The Communication produced at Annexure-F, issued by the respondent-authorities itself specifically refer to a Circular bearing No.MEB (3) 82/2023-24, dated 28.11.2023. The said Circular came to be issued pursuant to an order passed by this Court in W.P.No.5622/2022, dated 29.09.2022. The said Circular sets down in detail the format of the certificate and the contents thereof to be furnished by the Medical Authority. It is necessary at this juncture also to refer to the said Circular dated 28.11.2023, issued by the Department of Health and Family Welfare, Government of Karnataka and the same is extracted herein for the immediate reference;
PÀ£ÁðlPÀ ¸ÀPÁðgÀ DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt ¸ÉêÉU¼ À À DAiÀÄÄPÁÛ®AiÀÄ DgÉÆÃUÀå ¸ËzsÀ ªÀiÁUÀr gÀ¸ÛÉ ¨ÉAUÀ¼ÆÀ gÀÄ ¸ÀASÉå: JA.E.©(3)/82/2023-24 ¢£ÁAPÀ: 28.11.2023 ¸ÀÄvÉÆÛÃ¯É «µÀAiÀÄ: CAUÀ«PÀ®vÉAiÀÄ §UÉÎ ªÉÊzÀåQÃAiÀÄ ¥Àª æ ÀiÁt ¥Àvª Àæ £ À ÀÄß ¤ÃqÀĪÁUÀ C£ÀĸÀj¸À¨ÃÉ PÁzÀ ªÀiÁ£ÀzA À qÀU¼ À ÄÀ .
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1. The details of the affected part of body.
2. The manner in which it is affected and the reason by which it has been affected.
3. When the first affliction occurred.
4. The treatment Protocol followed as regards the said ailment/affliction.
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024
5. Diagnosis in simple layman's Language which could be understood by layman including this court and the lawyer appearing.
6. The Further treatment Protocol Suggested and/or Recommended by the Medical Board.
7. The details of the physical Impairment and/or Mental Disability, including the methodology of Calculation of such impairment Disability.
8. The future reassessment of the Disability to be conducted and the time frame in which it has to be conducted.
9. The nature of the work which cannot be performed by such workman with reference to the current employment of the workman i.e., in other words to state whether the work which has been done by the workman, presently at his/her posting could be done by said workman or not. If not what kind of work could done by such workman.
10.Schedule 1 of the workmen's Compensation Act 1923 provides for the percentage of loss of earning capacity on the basis of the injuries caused, the same could also be taken into account by the Medical Board.
E£ÀÄß ªÀÄÄAzÉ CAUÀ«PÀ®vÉAiÀÄ §UÉÎ, ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½AiÀÄÄ ¤ÃqÀĪÀ ¥Àª æ ÀiÁt ¥ÀvU Àæ ¼ À ÀÄß ¤ÃqÀ¯ÁUÀĪÀ ¸ÀªÀÄAiÀÄzÀ°è Cfð £ÀªÀÄÆ£É IV gÀ°£ À £ è À J¯Áè PÁ®AUÀ¼£ À ÀÄß ¸ÁªÀiÁ£Àå ªÀÄ£ÀĵÀå¤UÀÆ CxÀðªÁUÀĪÀ jÃwAiÀÄ°è £ÀªÀÄÆ¢¸À¨ÃÉ PÉAzÀÄ ºÁUÀÆ ¸ÀA§AzÀ¥ÀlÖ vÀdÕ ªÉÊzÀågÀÄ ªÉÊzÀåQÃAiÀÄ ¥Àª æ ÀiÁt ¥Àvz ÀÛ À°è CAUÀ«PÀ®vÉAiÀÄ É iÀÄ£ÀÄß PÀqÁØAiÀĪÁV £ÀªÀÄÆ¢¸ÀvPÀ ÀÌzÀÄÝ (ref:WP no.5622/2023) ¤zÀðµÀÖvA CAUÀ«PÀ®vÉ zÀÈrüÃPÀj¸ÀĪÁUÀ ¸ÀA§AzÀ¥ÀlÖ vÀdÕ ªÉÊzÉÊgÀÄ ªÀiÁvÀª æ ÃÉ ¥Àª æ ÀiÁtÂÃPÀj¸À¨ÃÉ PÀÄ ºÁUÀÆ ¸ÀA§AzÀ¥q À z À À vÀdÕ ªÉÊzÀågÀÄ ¥Àª æ ÀiÁtÂPjÀ ¸À¨ÁgÀzÀÄ EzÀ£ÀÄß ºÉÆgÀvÀÄ¥Àr¹ EvÀgÉ vÀdÕ ªÉÊzÀågÀAiÀÄ CAUÀ«PÀ®vÉ ¥Àª æ ÀiÁt¥Àv/Àæ ªÉÊzÀåQÃAiÀÄ gÀeUÉ É ²¥sÁgÀ¸ÀÄì ¤ÃrzÀ°è CzÀ£ÀÄß CªÀiÁ£Àå ªÀiÁqÀ¯ÁUÀĪÀÅzÀÄ. ºÁUÀÆ AiÀiÁªÀ ªÉÊzÀågÀÄ D ¸ÀÆZÀ£U É ¼ À £ À ÀÄß G®èAX¸ÀÄvÁÛgÉÆà CªÀgÀÄUÀ¼À ªÉÄÃ¯É ²¸ÀÄÛ PÀª æ ÀÄ dgÀÄV¸À¯ÁUÀĪÀÅzÀÄ.
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 ¸ÀA±ÀAiÀiÁ¸ÀàzÀ ¥ÀPæ g À tÀ UÀ¼°À è ¸ÀA§Azsª À ÀlÖ ªÉÊzÀåQÃAiÀÄ ªÀÄAqÀ½UÀ½UÉ ¥ÀÇgÀPÀ ªÉÊzÀåQÃAiÀÄ zÁR¯ÉU¼ À £À ÀÄß ºÁdgÀÄ¥Àr¸À®Ä PÉýzÁUÀ GzÁ: DrAiÉÆÃUÁæA JADgïL Vision Test EvÁå¢UÀ¼£ À ÄÀ ß J£ïJA¹ ªÀiÁUÀð¸ÀÆaUÀ¼£ À ÀéAiÀÄ PÀÆr æ Ãü PÀj¸ÀĪÀÅzÀÄ. ¸Àzj À vÀ¥Á¸ÀuÉ ªÀg¢ À ÀÄß (Investigation Report) À UÀ¼£ ¸ÀA§Azs¥ À ÀlÖ C¨sÀåyð/¹§âA¢ MzÀV¸À®Ä ¸ÁzsÀåªÁUÀzÃÉ ºÉÆÃzÀ°è C£ÀĪÀiÁ£À¸ÁàzÀ ¥ÀPæ g À t À ªÉAzÀÄ ªÀÄgÀÄ ¥Àg À ² À î£ÉUÉ DzÉò¸À¯ÁUÀĪÀÅzÀÄ.
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DAiÀÄÄPÀg Û ÀÄ DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt ¸ÉêÉU¼ À ÀÄ ¨ÉAUÀ¼ÀÆgÀÄ
7. From the perusal of the aforesaid circular and the instructions issued thereunder, it is imperative that the Medical Authority shall not only issue the Medical Certificate in the prescribed Form and in a legible condition, but shall also to state whether the concerned employee is capable of discharging the assignments given to him by the respondent-
authorities or not.
8. Learned counsel for the respondents, at this juncture, hasten to add that in view of the manner in which the certificates are being issued, it has become difficult for the respondent-authorities to rely upon the credibility of the certificates, as the same do not comply with the requirements of law. He further submits that, necessary directions, in this regard, is warranted to the Medical
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 Authority to issue certificate in the prescribed Form, such that undeserving cases may be weeded out.
9. There is considerable force in the submissions made by the learned counsel for the respondents.
10. As noted above and despite there being a specific direction issued by this Court to issue certificates in prescribed format, despite there being Circular dated 28.11.2023, issued by the Department of Health and Family Welfare, Government of Karnataka, the Medical Authority seems to have not paid attention to the same and has failed to furnish details required to be mentioned in the medical certificate in a legible manner and in the language understandable by a common man.
11. Necessary to note that The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as, 'the Act, 1995') has been repealed in terms of Section 102 of The Rights of Persons with Disabilities Act, 2016 (hereinafter
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 referred to as, 'the Act, 2016'). Chapter X of the Act, 2016 deals with Certification of Specified Disabilities.
12. The Rights of Persons with Disabilities Rules, 2017 (hereinafter referred to as, 'the Rules, 2017') have been promulgated in place of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996.
13. Rules 17 and 18 of the Rules, 2017 provide for filing of application for certificate of disability in Form No. IV and issuance of certificate of disability in Form Nos. V, VI and VII as the case may be by the Medical Authority. The said Forms have been adopted by the Karnataka State Government in terms of Rules 14 and 15 of the Karnataka State Rights of Persons with Disabilities Rules, 2019 published on 30.08.2019. Despite the Act, 2016 and the Rules 2017 being in place as above, the Medical Authority is continuing to issue the Medical Certificate as per Form No.III which was provided under the Repealed Act, 1995 and Repealed Rules, 1996.
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024
14. For the immediate perusal, the prescribed Form Nos. IV, V, VI & VI of application, of disability certificates are reproduced hereunder for immediate perusal:
FORM- IV Application for Obtaining Certificate of Disability by Persons with Disabilities [See rule 17(1)] (1) Name: ________________ __________________ _________________ (Surname) (First Name) (Middle Name) (2) Father's Name: _______________ Mother's Name:
________________ (3) Date of Birth : __________/____________/_____________ (Date) (Month) (Year) (4) Age at the time of application : ___________________ years (5) Sex: Male/Female/Transgender__________________ (6) Address:
(a) Permanent address (b) Current Address (i.e. for communication) _______________ __________________ _______________ __________________
(c) Period since when residing at current address __________________ (7) Educational Status (please tick as applicable)
(i) Post Graduate
(ii) Graduate
(iii) Diploma
(iv) Higher Secondary
(v) High School
(vi) Middle
(vii) Primary
(viii) Non-literate (8) Occupation _______________________________________ (9) Identification marks (i) ____________ (ii) ______________ (10) Nature of disability : (11) Period since when disabled: From Birth//since year __________ (12) (i) Did you ever apply for issue of a certificate of disability in the past ________ yes/no
(ii) If yes, details:
(a) Authority to whom and district in which applied ________
(b) Result of application ______________________________
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 (13) Have you ever been issued a certificate of disability in the past? If yes, please enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my knowledge and belief, and no material information has been concealed or misstated. I further state that if any inaccuracy is detected in the application, I shall be liable to forfeiture of any benefits derived and other action as per law.
___________________ (Signature or left thumb impression of person with disability, or of his/her legal guardian in case of persons with intellectual disability, autism, cerebral palsy and multiple disabilities, etc) Date :
Place:
Enclosures:
1. Proof of residence (Please tick as applicable).
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook,
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating
the address of the applicant,
(h) a certificate of residence issued by a Panchayat, municipality,
cantonment board, any gazetted officer, or the concerned
Patwari or Head Master of a Government school,
(i) in case of an inmate of a residential institution for persons with
disabilities, destitute, mentally ill, and other disability, a
certificate of residence from head of such institution.
2. Two recent passport size photographs
-----------------------------------------------------------------------------
(For office use only) Date:
Place:
Signature of issuing authority Stamp
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 FORM-V Certificate of Disability (In cases of amputation or complete permanent paralysis of limbs or dwarfism and in case of blindness) [See rule 18(1)] (Name and Address of the Medical Authority issuing the Certificate) Recent passport size attested photograph (Showing face only) of the person with disability.
Certificate No. Date:
This is to certify that I have that I have carefully examined Shri/ Smt./ Kum. _______________ son/wife/daughter of Shri _________________ Date of Birth (DD/MM/YY) ____________ Age ______ years, male/ female _______________ registration No. _________ permanent resident of House No. ___________ Ward/Village/Street _________________ Post Office ___________ District __________ State ________, whose photograph is affixed above, and am satisfied that:
(A) he/she is a case of:
• locomotor disability • dwarfism • blindness (Please tick as applicable) (B) the diagnosis in his/her case is __________________ (A) he/she has ________ % (in figure) ________________ percent (in words) permanent locomotor disability/dwarfism/blindness in relation to his/her ______ (part of body) as per guidelines(.....number and date of issue of the guidelines to be specified).
2. The applicant has submitted the following document as proof of residence:-
Nature Document of Date of Issue Details of authority issuing certificate (Signature and Seal of Authorized Signatory of notified Medical Authority) Signature/thumb impression of the person in whose favour certificate of disability is issued
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 Form - VI Certificate of Disability (In cases of multiple disabilities) [See rule 18(1)] (Name and Address of the Medical Authority issuing the Certificate) Recent passport size attested photograph (Showing face only) of the person with disability.
Certificate No. Date:
This is to certify that we have carefully examined Shri/Smt./Kum. _____ son/ wife/ daughter of Shri ___________ Date of Birth (DD/MM/YY) _______________ Age___________ years, male/female ______________.
Registration No. _______________permanent resident of House No. ____________ Ward/Village/Street ____________ Post Office ____________ District ___________ State __________, whose photograph is affixed above, and am satisfied that:
(A) he/she is a case of Multiple Disability. His/her extent of permanent physical impairment / disability has been evaluated as per guidelines (............number and date of issue of the guidelines to be specified) for the disabilities ticked below, and is shown against the relevant disability in the table below:
Sl. Disability Affected Diagnosis Permanent physical No part impairment/mental body of disability (in %)
1. Locomotor disability @
2. Muscular Dystrophy
3. Leprosy cured
4. Dwarfism
5. Cerebral Palsy
6. Acid attack Victim
7. Low vision #
8. Blindness #
9. Deaf £
10. Hard of Hearing £
11. Speech and Language disability
12. Intellectual Disability
13. Specific Learning Disability
14. Autism Spectrum Disorder
15. Mental illness
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024
16. Chronic Neurological Conditions
17. Multiple sclerosis
18. Parkinson's disease
19. Haemophilia
20. Thalassemia
21. Sickle Cell disease (B) In the light of the above, his/her over all permanent physical impairment as per guidelines (......number and date of issue of the guidelines to be specified), is as follows : -
In figures : - ------------------ percent In words :- -------------------------------------------------------percent
2. This condition is progressive/non-progressive/likelyto improve/not likely to improve.
3. Reassessment of disability is :
(i) not necessary, or
(ii) is recommended/after ...........years ..........months, and therefore this certificate shall be valid till ----- ----- ------
(DD) (MM) (YY) @ e.g. Left/right/both arms/legs # e.g. Single eye £ e.g. Left/Right/both ears
4. The applicant has submitted the following document as proof of residence:-
Nature of document Date of issue Details of authority issuing certificate
5. Signature and seal of the Medical Authority.
Name and Seal of Name and Seal of Name and Seal of the Member Member Chairperson Signature/thumb impression of the person in whose favour certificate of disability is issued.
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 FORM-VII Certificate of Disability (In cases other than those mentioned in Forms-V & VI) (Name and Address of the Medical Authority issuing the Certificate) [See Rule 18(1)] Recent Passport size Attested Photograph (Showing face only) Of the Person with Disability Certificate No. Date :
This is to certify that I have carefully examined Shri/Smt/Ms._____________son/wife/daughter of Shri _____________ Date of Birth (DD/MM/YY) _________Age____________ years, male/female _________ Registration No._________ permanent resident of House No.__________,Ward/Village/Street__________Post Office ____________ District ___________ State __________, whose photograph is affixed above and am satisfied that he/she is a case of ___________ Disability. His/Her extent of percentage physical impairment/disability has been evaluated as per guidelines (____ number and date of issue of the guidelines to be specified) and is shown against the relevant disability in the table below:-
Sl. Disability Affected Diagnosis Permanent physical No part impairment/mental body of disability (in %)
1. Locomotor disability @
2. Muscular Dystrophy
3. Leprosy cured
4. Cerebral Palsy
5. Acid attack Victim
6. Low vision #
7. Deaf £
8. Hard of Hearing £
9. Speech and Language disability
10. Intellectual Disability
11. Specific Learning Disability
12. Autism Spectrum
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 Disorder
13. Mental illness
14. Chronic Neurological Conditions
15. Multiple sclerosis
16. Parkinson's disease
17. Haemophilia
18. Thalassemia
19. Sickle Cell disease (Please strike out the disabilities which are not applicable)
2. The above condition is progressive / non-progressive / likely to improve / not likely to improve.
3. Reassessment of disability is:
i) not necessary, or
ii) is recommended / after ________ years ________ months, and therefore, this certificate shall be valid till _____(DD) _____(MM) _______(YY).
@ e.g. Left / Right / Both Arms / Legs # e.g. Single Eye £ e.g. Left / Right / Both Ears
4. The applicant has submitted the following document as proof of residence:-
Name of Document Date of Issue Details of Authority issuing Certificate (Authorised Signatory of Notified Medical Authority) (Name & Seal) Countersigned {Countersignature & Seal of the Chief Medical Officer / Medical Superintendent / Head of Government Hospital, in case the Certificate is issued by a Medical Authority who is not a Government Servant (with Seal)} Signature / thumb impression of the person in whose favour certificate of disability is issued Note : In case this certificate is issued by a Medical Authority, who is not a Government Servant, it shall be valid only if Countersigned by the Chief Medical Officer of the District.
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024
15. Thus, from the above, it is clear that the concerned Department and the concerned Authorities under the Act are completely oblivious of the change in the Act and the Rules and are continuing to issue certificates in the Old Format that is Form III prescribed under the repealed Act and Rules.
16. Viewed in the light of aforesaid legal provisions, the certificate issued by the Medical Authority clearly falls short of the said requirements. Needless to state that the Medical Authority contemplated under the Act and the Rules vested with the statutory obligation is required to bear in mind the far reaching consequences of certificates being issued by it. Therefore, it is expected that when the certificate is being sought particularly by an employee of the State and its instrumentalities, the Medical Authority should strictly adhere to the guidelines/circulars extracted hereinabove.
17. In the instant case, counsel for the respondents fairly submits that the petitioner appears to have suffered permanent disability and for now they would continue to
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 place him to discharge lighter job as has been already done and if need be and if there is any progress, they would seek for any further assessment as his medical condition.
Submission taken on record.
18. Needless to state that in the cases where the respondent-Authorities are not convinced with the Medical Certificates issued or they are aggrieved by the issuance of such certificates, a statutory remedy of filing the appeal under Section 59 of the Act, 2016 can be availed.
19. With the above observation, writ petition is allowed.
20. The respondents shall ensure the petitioner be given lighter job and his attendance and other benefits to be provided without causing any impediment forthwith.
21. Registry is directed to send the copy of this order to the Health and Family Welfare Department, Government of Karnataka, who shall circulate the same to all the Medical Authority appointed by the state under the Act, with specific
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NC: 2024:KHC-D:7829 WP No. 102082 of 2024 instructions to adhere to the Circular & Forms referred above.
22. Pending IAs. do not survive for consideration and the same are disposed of.
SD/-
JUDGE VB-para 1-8 KGK-para 9 till end CT-ASC List No.: 1 Sl No.: 5