IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.29150 of 2011 Between: D.Prakasam … Petitioner And The APSRTC and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.29150 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the inaction of the respondent in considering the health condition of the petitioner and in providing the suitable job, as arbitrary, illegal and violative of Regulations 5, 6, 7 and 8 of the APSRTC Employees (Medical Attendance) Regulations, 1963 and also violative of the Section 47 of the Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995 and also violative of Article 14 and 21 of the Constitution of India and consequently to direct the respondents to provide suitable job to the petitioner. The case of the petitioner, in brief, is that he was recruited in the Corporation on daily wage basis and later on his services were regularized as a Conductor. After rendering service for more than two decades as Conductor, he developed some physical weakness and while taking treatment, doctor informed him that it is servicle spondilities and therefore, he submitted sick certificate dated 15.07.2004, given by the Civil Assistant Surgeon, Government Hospital at Narayankhed, who referred him to Tarnaka Hospital for treatment. Thereafter, the 3rd respondent referred the petitioner to the Tarnaka hospital, where the doctor examined him and advised not to stand vertical in position and also could not rotate his head. Under those circumstances, the petitioner made a representation on 30.09.2008 to the 3rd respondent, Depot Manager, requesting to provide the MTD 430 Unfit Medical Form, which empowers him to go for retirement on medical grounds and to forward the same to the Executive Officer. As there was no response, he made another representation on 11.12.2008 and on 06.04.2010, enclosing the requisition form dated 19.03.2010 given by the Medical Officer APSRTC, dispensary at Sanga Reddy reiterating his health problems and also referred his earlier representations to provide the MTD 430 Unfit Medical Form, but no action has been initiated on the said representations. Hence, the petitioner filed the present writ petition. The learned counsel for the petitioner would submit that due to health problems of the petitioner, he is unable to discharge his duties as Conductor and explaining the same in detail, he made representations to provide the MTD 430 Unfit Medical Form, but no action has been initiated on the said representations. The learned standing counsel for the Corporation would submit that it appears to be the latest representation is 06.04.2010, requesting the authorities to provide the MTD 430 Unfit Medical Form, but on the said representation, the petitioner stated that the authorities have not taken any action. Therefore, the respondent authorities may be directed to consider the said representation. In view of the above, having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, the respondents are directed to consider the representation dated 06.04.2010 of the petitioner and pass appropriate orders, in accordance with law, within a period of two weeks, from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 01.11.2011 Note: Furnish C.C. in three days. B/o. LSK