IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8515 of 2008 Between: N.Rajam S/o. Rajaiah Dubbaka Depot, Dubbaka, Medak Dsit. ..... PETITIONER AND 1 A.P.S.R.T.C., Musheerabad, Hyderasbad. Rep. by its Vice Chairman & Managing Director, Musheerabad, Hyd. 2 A.P.S.R.T.C., SAngareddy Region, At Sangareddy, Medak District, rep. by its Regional Manager. 3 APSRTC., Dubbaka Depot, Dubbaka, Medak District, rep. by its Depot Manager .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order direction or writ more particularly one in the nature of Writ of mandamus or any other appropriate Writ (i) declaring the action of the respondents in not paying the salary from july, 2006 to september, 2007 as per the Sectionh 47 of the Act 1 of 1995 Persons with Disabilities ( Equal Opportunities, Protection of Rights and Full Particiation ) Act, 1995 as illegal, arbitrary and contrary tothe Act 1 of 1995; ( ii ) consequently direct the Respondent to pay the salary to the Petitioner for the period from July, 2006 to September 2007 and grant other relief to which the Petitioner is entitled to and pass Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8515 of 2008 ORDER: The petitioner was employed as a Driver in the A.P.S.R.T.C., in the year 1992. He has fallen ill. During the periodical medical check up in July 2006, he was found unfit and was not assigned duties. Thereupon, the petitioner approached this Court by filing W.P.No.14702 of 2007. In compliance with the directions issued in that writ petition, the petitioner was provided alternative employment in the Corporation itself, in September 2007. Claiming that he is entitled to be paid salary between July 2006 and September 2007, the petitioner got issued a notice, dated 19.12.2007, through his Advocate, to the 2nd respondent. His grievance is that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner bases his claim on Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The question as to whether the non-payment of the salary to the petitioner, for the period referred to above, is in violation of any provision of law, needs to be examined by the 2nd respondent, to whom the notice was issued. This Court cannot express its view at this stage. Hence, the writ petition is disposed of, directing the 2nd respondent to pass appropriate orders on the notice, dated 19.12.2007, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 18.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8515 of 2008 Date: 18.04.2008 JSU