THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.34122 of 2011 Date:27.12.2011 Between: Sri Mallesha ……….Petitioner. And The APSRTC, rep by its Managing Director, Bus Bhavan, R.T.C., X roads, Musheerabad, Hyderabad and others. ……….Respondents. THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.34122 of 2011 ORDER: This writ petition is filed by the petitioner seeking for issuance of writ of mandamus declaring the action of the respondents in not providing alternative employment in the cadre of Junior Assistant consequent upon the petitioner being declared medical unfit to perform the duties of conductor as arbitrary, illegal, violative of Articles 14 & 16 of the Constitution of India and violtive of Persons with Disabilities Act, 1995 and consequently direct the respondents to provide alternative employment to the petitioner in the cadre of Junior Assistant as the petitioner is fully eligible and qualified to be appointed as a Junior Assistant with all consequential benefits. 2. The brief facts leading to filing of this writ petition are that the petitioner passed Intermediate. He was appointed as a Conductor on 14-01-1994 on casual basis and his services as a Conductor were regularized vide orders dated 01-03-1995. He passed graduation in the year 1997. He also passed Junior Assistant Test conducted by the APSRTC. While so the petitioner had suffered severe pain in the lower limbs and he was diagnosed to be suffering with slip disc in the vertebral by the APSRTC Doctors. He was admitted in APSRTC Hospital at Tarnaka and the APSRTC Hospital Doctors had referred him to Nizam Institute of Medical Sciences for surgery for correction of his vertebral. He underwent for a major surgery on 02-09-2010 at NIMS Hospital and after some time, he was subjected to 2nd surgery on 07-10-2010 and he was advised to take complete bed rest. His case is that to his misfortune even after surgery, he was getting pain in the back and lower limbs, in those set of circumstances, he had submitted a detailed representation to the respondents to provide alternative employment and that representation was made on 15-11-2011. In response to the same, the 2nd respondent called a report from the 3rd respondent and also instructed the 3rd respondent to refer the petitioner’s case to the Superintendent of APSRTC Hospital, Tarnaka and where he was declared to be as unfit for alternative employment of A2 category post. The post of Conductor is A2 Category Post. In view of the medical report, he was not being entertain to perform the duties from 12-4-2011 nor the respondents are providing alternative employment to the petitioner. The 3rd respondent issued the proceedings dated 02-04-2011 enquiring the petitioner about the willingness for any alternative employment. He had given his willingness for providing alternative employment on 23- 04-2011, but the respondents had not provided any alternative employment to the petitioner. Therefore, the present writ petition. 3. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents. 4. The learned counsel for the petitioner submitted that as the petitioner underwent major surgery twice and consequently, after subjecting him to necessary tests, the APSRTC declared him as unfit for employment in the A2 category post and on his request he was also asked to submit his willingness for providing alternative employment and accordingly he gave his willingness for providing alternative employment on 23-04-2011, but he has not been provided for any alternative employment. 5. The learned counsel for the respondents submitted that due to the petitioner underwent major surgery twice, he has been declared to be unfit to the functions of the employment in the A2 Category Post. Therefore, by letter dated 02-04-2011, the Depot Manager asked the petitioner to submit his willingness for the post of Shramic. In response to the same, the petitioner submitted his willingness on 23-4-2011. 6. The learned counsel for the petitioner submitted that the petitioner is eligible to hold the post of Junior Assistant. He has also qualified in the examination conducted by the APSRTC vide Hall Ticket No.1641. Therefore, he is entitled for the post of Junior Assistant. He also submitted that having regard to the provisions contained under Section 47 of the Persons with Disabilities Act, the petitioner is entitled for the post of alternative employment. 7. Under these circumstances, the respondents are directed to consider the case of the petitioner for providing alternative employment in accordance with law within a period of two months from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. No costs. ___________________ Justice G. Chandraiah Date:27.12.2011. Furnish CC within a week. B/O mrb