THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.31851 OF 2011 ORDER: This Writ Petition is filed seeking a writ of Mandamus declaring the action of the respondents in not treating the petitioner as medically unfit for performing duties of Driver and not providing alternative employment as illegal and arbitrary and consequently to direct the respondents to provide the petitioner with alternative employment. 2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 3. The case of the petitioner is that he was appointed as a Casual Driver in A.P.S.R.T.C on 02.02.1989 and his services were regularised with effect from 1.4.1990. While things stood thus, the petitioner developed visibility problem in his eyes due to which he is not able to drive the vehicle in the night time; that therefore he has consulted the doctor at Visakha Eye Hospital, Visakhapatnam on 4.3.2011 and he has undergone various eye tests and he was advised to wear spectacles, but in spite of wearing spectacles, he was not able to see clearly during the night times. Therefore, he again approached the said hospital on 12.8.2011 and after conducting further tests, it was declared that he is suffering from blurring of vision at nights and given medicines for treatment; that due to lack of improvement, he has approached the Medical Officer, A.P.S.R.T.C, Vizianagaram, who in turn directed him to go to Regional Eye Hospital, Visakhapatnam and consequently he attended the Regional Eye Hospital, Visakhaptnam on 7.9.2011, where he was treated as out-patient and he was given some medicines; that not satisfied with the treatment again he approached the Medical Officer, A.P.S.R.T.C, Vizianagaram on 9.9.2011, who in turn had directed him to go to 2nd respondent for specialised check up and treatment; that the petitioner was also referred to the 3rd respondent for specialist examination and treatment. 4. It is further stated that consequently, the petitioner approached the Medical authorities, A.P.S.R.T.C Hospitals, Tarnaka, Hyderabad on 14.9.2011 and after diagnosing, he was referred to Neoretina Eye Care Institute, Chapal Road, Hyderabad and after conducting various tests, the said Neoretina Eye Care Institute had diagnosed that ‘Glare while night driving’; that however, the Medical authorities of Tarnaka Hospital had issued the certificate as fit for duty w.e.f 1.11.2011; that even thereafter he could not drive the vehicle during the night time and again he has approached the Medical Officer, Vizianagarm on 3.11.2011 and then he was referred to the 3rd respondent hospitals for further specialist doctors check up and accordingly the petitioner approached the 3rd respondent, but due to his misfortune, the Medical Officer therein without conducting any specialist check-up has issued the Certificate as Fit for services in Class-A1; that even thereafter, the petitioner is not able to drive vehicles at night times; that if he attends to his regular duties there is every possibility of occurrence of accident as he is suffering with blurred vision at nights and he is not confident to drive the vehicles. Hence, he filed the present writ petition. 5. The learned counsel for the petitioner submitted that the action of the A.P.S.R.T.C Hospital, Tarnaka in referring the petitioner to have any specialist check up of the petitioner’s eye sight is illegal and arbitrary. He further submitted that for the purpose of performing the duties as driver, the eye sight is very important and with the defective eye sight, the petitioner could not drive the vehicle. He relied upon the circular of the Corporation issued on 25.1.2011 with regard to examination of the drivers who suffers from the defective eye sight and the same was not followed by the respondents corporation and hence he prays to allow the writ petition. 6. On the other hand, the learned Standing Counsel appearing for the respondents corporation submitted that as required by the petitioner, he was subjected for medical check up by the competent doctors and one of the hospital which conducted the test of the petitioner’s eyes was a Neoretina Eye Care Institute, Chapal Road, Hyderabad which gave a report stating that there is no abnormality. Thereafter, the petitioner was also subjected to eye check up and suggested some medicines but without using the prescribed medicines for getting rectification of his eyes sight, he has approached this Court and hence he prays to give a direction to the petitioner to submit a representation to the respondents to that effect. 7. On perusal of the entire material available on record, it is clear that there is no dispute to the effect that the petitioner is suffering with his eye sight and he is facing much inconvenience to drive the vehicle during the night times. Further, the petitioner got checked up his eyes with so many eye specialist doctors of the respondents corporation, but ultimately he could not get any relief and he is facing much inconvenience in driving the vehicle during the night time. The grievance of the petitioner is that the respondents have not followed the guidelines as contemplated under Circular dated 25.1.2011. 8. Having regard to the facts and circumstances of the case, especially in view of the submission made by the learned Standing Counsel for the respondents corporation, the writ petition is disposed of directing the petitioner to submit a representation with all his grievances to the respondents 2 and 3 within two weeks from the date of receipt of copy of this order and thereafter on receipt of the said representation of the petitioner, the respondents 2 and 3 shall pass appropriate orders in accordance with law on the representation of the petitioner within two weeks and communicate the same forthwith. 9. Accordingly, the Writ Petition is disposed of. No order as to costs. ________________ G.CHANDRAIAH,J 26.12.2011 Gk. THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.31851 OF 2011 DATE:26.12.2011 GK.