THE HON'BLE SRI JUSTICE K.C.BHANU Writ Petition No.19820 OF 2011 ORDER: 1 Petitioner filed the present Writ Petition seeking a direction to the respondents to provide alternative employment such as Helper, Cleaner or any other suitable post in the Respondent-Corporation to him consequent upon his retirement as Driver Grade II on medical grounds, duly protecting his last drawn salary in the post of Driver Grade II. 2 The brief facts that are necessary for disposal of the Writ Petition are that the petitioner was appointed as casual driver in the last week of March 1986 in the first respondent – Corporation and his services as Driver Gr-II were regularized with effect from 01.08.1987 and posted to Warangal – I depot and subsequently in the year 2007 he was promoted as Driver Gr. I. It is further submitted that as per the direction of the Corporation he appeared before the Medical Officer, Warangal Dispensary, who declared him unfit for A.1 Category of duties vide M.C.No.132240 dated 18.06.2010 for colour blindness. Thereafter the third respondent obtained a consent letter dated 19.06.2010 to the effect that he is willing to retire on medical grounds and referred him to Superintendent and Chief Medical Officer, Tarnaka, Hyderabad vide letter dated 23.06.2010 to appear before the Medical Committee to decide his case with regard to the fitness to the post of A.1 category, duly enclosing MC No.132240 dated 18.06.2010 along with his consent letter. As per the said directions, he was examined by the medical committee who declared him unfit for the post of Driver in A.1 Category by its Lr.No.SP2/468 (Med.Compensation-36)/10-TH, Dt: 16.12.2010. Based upon the said letter the second respondent issued Office Order No.E2/756 (16) /2010-WL-2, Dt: 29.12.2010 retiring the petitioner from service on medical grounds with effect from 29.12.2010 in terms of Reg. 6A(5)(b) of APSRTC, Employees (Service) Regulations. 3 The petitioner further submits that in pursuance of his premature retirement the Corporation has paid him Rs.5,94,918/-. But as per the circulars issued by the Corporation from time to time and in accordance with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 he is entitled for alternative employment duly protecting his last drawn salary in the post held by him. 4 The petitioner further submits that after taking treatment from Anand Vitreo Retina Institute, a super specialty eye hospital, Tarnaka, Hyderabad, his eye vision was improved and the same was certified by the RMO of Regional Eye Hospital, Warangal who stated that his eye vision is normal and hence he can discharge the duties of driver Grade II or alternatively any other duties in the Corporation. He further submits that the letter dated 19.06.2010 submitted by him is due to ignorance and ill advice given by the Co-employees. He submitted a representation dated 07.07.2011 requesting the authorities to provide him any alternative employment in the Corporation in which event he is prepared to pay back the amount of Rs.5,94,918/-. But no action has been taken. He further submits that on number of occasions, the Corporation accommodated the drivers who retired on medical grounds with alternative employment and since he is hale and healthy his case may also be considered for any alternative employment. Hence the present Writ Petition. 5 The learned counsel for the petitioner contended that the petitioner was ill-advised to take monetary benefit rather than preferring alternative employment and for that purpose he made a representation to the authorities on 07.07.2011, but no action has been taken. 6 On the other hand the learned standing counsel appearing for the respondent Corporation contended that whether the petitioner is entitled for alternative employment or not after taking monetary benefits has to be decided in accordance with the rules and regulations of the Corporation. 7 In that view of the matter, this Writ Petition is disposed with a direction to the second respondent to pass appropriate orders on the representation made by the petitioner dated 07.07.2011 in accordance with the rules and regulations of the Corporation within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. _____________ K.C. BHANU, J 15.07.2011 Kvsn