IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4540 of 2009 Between: U.S. Babu S/o. Late Simhachalam R/o. Waltair, Visakhapatnam Dist. ..... PETITIONER AND 1 The APSRTC Rep. by its Vice Chairman & Managing Director Musheerabad, Hyderabad. 2 The APSRTC Rep. by its Regional Manager Visakhapatnam Region, Visakhapatnam Dist. 3 The APSRTC Rep. by its Depot Manager Waltair, Visakhapatnam Dist. .....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 issue an order or direction more particularly one in the nature of Writ of "Mandamus" declaring the action of the Respondents herein in not considering my case for alternate employment like ADC/Controller/Booking Clerk/Announcer, in pursuance of the Medical Certificate No: Dt. 3-7-2008 & 27-11-2008 and keeping me under forced leave since 18-11-2007 and not providing alternative post, as illegal, contrary to the provisions of Sec. 47 of the persons with disabilities (Equal opportunities protection of rights and full participation) Act 1995, unjust and arbitrary and as such liable to be set aside with a consequential direction to pay the arrears of wages w.e.f. 11-3-2007 forthwith. Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: MR.K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 4540 of 2009 ORDER: 1. The petitioner was appointed as a driver in the Respondent Corporation on 15-2-1989. While driving the bus from Visakhapatnam to Devarapalli on 11-3-2007, an incident occurred wherein the petitioner received fracture injury. He took treatment in APSRTC Hospital. He was declared as medically unfit for discharging the duties of a driver. He produced medical certificates dated 3-7-2008 and 27-11-2008 before the authorities of the respondents Corporation seeking for alternative employment under the provisions of Sec. 47 of the Persons with Disabilities (Equal Opport. Protection of Rights and Full Participation) Act, 1995.His application is stated to be pending consideration with the respondents. 2. When the writ petition came up for admission, Sri K. Madhava Reddy, learned standing counsel takes notice on behalf of the respondents. 3. Heard learned counsel for the parties. 4. The factual aspect of the petitioner submitting application seeking alternative employment consequent on his being declared as medically unfit for discharging the functions as driver is not in dispute. 5. In that view of the matter, this writ petition is disposed of directing the 2nd respondent to consider the representation dated 4-8-2008 submitted by the petitioners seeking for alternative employment and take appropriate decision and communicate the same to the petitioner within four weeks from the date of receipt of copy of this order. ______________________________ Justice B. Seshasayana Reddy 5th March, 2009. Note: C.C.in a week B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 4540 of 2009 5thMarch, 2009.