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2025 Supreme(Online)(Kar) 14793

KARNATAKA HIGH COURT
ANANT RAMANATH HEGDE, J
REHANANAWAZ D/O LATE ABDUL SATTAR – Appellant
Versus
THE MANAGING DIRECTOR BMTC – Respondent
Writ Petition No. 18465 of 2025



Advocates:
For the Appellants/Petitioners: Sri. Basavaraju M C.
For the Respondents: Sri. Hareesh Bhandary.

Employer must consider employee's medical representation for work accommodations under applicable laws.

Headnote:The petitioner seeks direction under Articles 226 & 227 for accommodation at work per the Rights of Persons with Disabilities Act, 2016. The representation for light work based on medical grounds was not considered by the respondents. The court orders the competent authority to decide on this within two months, without commenting on the claim's merits. The petitioner is entitled to a fair consideration as per applicable rules.

Table of Content
1. petition seeks consideration for light work due to medical reasons. (Para 1 , 2 , 3)
2. employer must comply with rules regarding consideration. (Para 4)
3. court orders decision on representation within two months. (Para 5 , 6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO ACCOMMODATE LIGHT WORK TO THE PETITIONER IN THE RESPONDENTS CORPORATION IN TERMS OF SECTION 20(4) OF THE Rights of Persons with Disabilities Act 2016 WITH PAY PROTECTION BY CONSIDERING HIS REPRESENTATION DATED 24/04/2025 VIDE ANNEXURE C TO THE WRIT PETITION BY REFERRING THE PETITIONER TO ANY ONE OF THE MEDICAL BOARD AND TO TAKE DECISSION ON THE OPINION TO BE GIVEN BY THE MEDICAL BOARD UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

Sri. Hareesh Bhandary, learned counsel who is present before the Court accepts notice on behalf of respondents. 2. Learned counsel for the petitioner submits that on

24.04.2025, petitioner has submitted a representation to the respondents to assign light work to him on medical grounds. It is submitted that representation of the petitioner is not yet considered by the respondents.

3. Learned counsel for the respondents submits that representation will be considered as per applicable Rules and guidelines.

4. There is no dispute that petitioner is employee of the respondent-corporation. The respondent-corporation is required to consider the representation of the petitioner as per the applicable Rules and guidelines.

5. Under the circumstances, petition is allowed Respondent No.2 or the competent authority amongst the respondents shall consider the representation of the petitioner produced at Annexure-C in accordance with law within two months from the date of receipt of certified copy of this order.

6. It is made clear that this Court has not expressed anything on the merits of the claim.

Sd/-

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