HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.23336 of 2011 Dated 16-11-2011 Between: G.Y.Raju. …Petitioner. And: The Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.23336 of 2011 ORDER: This writ petition is filed seeking to declare the action of the respondents in not considering the case of the petitioner for providing alternative employment under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and also issuing the proceedings dated 10-6-2011 as illegal, arbitrary and unjust and consequently set aside the same and direct the respondents to provide any alternate employment to the petitioner under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (Herein after referred to as “the Act”) The case of the petitioner in brief is as follows: The petitioner was appointed as conductor on 20-3-1991. Initially, he was posted at Nellore District and subsequently, was transferred to the 2nd respondent. While so, he developed Cervico problems into neck and frequently he was being collapsed in the bus itself due to heavy spandilosis. In spite of the best treatment, he could not recover. He was examined by the 3rd respondent and he was made medically unfit by the 3rd respondent-medical officer at Y.S.R. Kadapa District. Subsequently, he was sent to A.P.S.R.T.C. Hospital at Tarnaka. On examination, he was made unfit for service of A.2 category and the said medical certificate was addressed to the 3rd respondent and the 3rd respondent issued letter dated 16-4-2011 advising the Assistant Manager not to take the petitioner to duty and finally, issued order dated 14-6-2011 retiring him from his services of the Corporation under regulations 6 (A) (IV) of the A.P.S.R.T.C. Employees (Service Regulations), 1964 with effect from 18-4-2011. Even prior to the proceedings issued by the 3rd respondent dated 14-6-2011, the petitioner made representation to the respondents on 23-5-2011 requesting them to provide alternate employment. But they issued proceedings dated 10-6-2011 alleging that there is no alternate provision of employing conductor. The said proceedings is contrary to provisions contained in Section 47 of the Act. Heard the learned counsel and perused the material available on record. On 18.8.2011, this Court admitted the writ petition. It is contended by the learned counsel for the petitioner that even prior to the proceedings issued by the 3rd respondent dated 14-6-2011, the petitioner made representation to the respondents on 23-5-2011 requesting them to provide alternate employment. But they issued proceedings dated 10-6-2011 alleging that there is no alternate provision of employing conductor. It is further contended that the said proceedings dated 10-6- 2011 is contrary to provisions contained in Section 47 of the Act. In support of his contention, he relied on a decision of this Court reported in SYED SHA MUSEBULLA ALVI v. SECRETARY, GENERAL ADMINISTRATIVE DEPARTMENT, SECRETARIAT, HYDERBAD AND OTHERS ([1]) wherein this Court while quashing the impugned proceedings remitted the proceedings to the authorities with a direction to consider the claim of the petitioner in the light of the provisions of Section 47 of the Act. In view of the facts and circumstances of the case and in view of the provisions of Section 47 of the Act coupled with the principles laid down in decision of this Court 1st cited, I feel it just and proper to set aside the proceedings dated 10-6-2011 and remit back the matter to the respondent-authorities and direct them to consider the case of the petitioner and pass appropriate orders within a period of one month from the date of receipt of a copy of this order. Subject to the above direction, this writ petition is disposed of. No costs. ________________________ Justice G.CHANDRAIAH Dated 16-11-2011. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.23336 of 2011 Dated 16-11-2011 [1] 1999 (1) ALD 632