THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.28605 of 2007 ORAL ORDER : Heard learned counsel for the petitioner as well as the learned Standing Counsel for the respondent-A.P.State Road Transport Corporation. 2. This writ petition is filed by the petitioner declaring the action of the respondents in not providing him alternative employment as mandated under Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (for brevity “the Act”) as arbitrary and illegal and consequently direct the respondents to consider his case for providing alternative employment in any suitable post. 3. It appears, while working as a Driver in the respondent Corporation, the petitioner was removed from service. However, on approaching the Labour Court-III, Hyderabad, in I.D.No.225 of 1998, the same was referred to the Lok Adalat for settlement. In the Lok Adalat, the petitioner was directed to be reinstated into service afresh. On such direction, the petitioner was referred to Tarnaka Headquarters Hospital for medical check up. The Medical Officer of the said Hospital examined the petitioner and found him unfit to hold the post of Grade-II Driver due to colour blindness. Thereafter the petitioner got issued a legal notice dated 5.11.2007 to respondent Nos.1 and 3 seeking to provide alternative employment. Though the respondents received the said notice on 7.11.2007, there was no reply from them. According to the petitioner he was medically declared unfit to hold the post of Grade-II Driver due to colour blindness, therefore, he sought an alternative employment as contemplated under Section 47 of the Act. Since there was no response from the respondents, he filed the present writ petition. 4. While admitting the writ petition on 31.12.2007, this Court passed interim order directing the respondents to consider the case of the petitioner for providing alternative employment in any suitable post. Learned counsel for the petitioner states that inspite of such direction from this Court the respondents have not acted upon the same. 5. Be that as it may, now it is settled law that an employee, who is declared medically unfit to hold a particular post, is entitled for alternative employment under Section 47 of the Act. It is an obligation on the part of the employer to provide alternative employment immediately after an employee is declared medically unfit. In this case, inspite of specific direction from this Court as early as on 31.12.2007 to provide alternative employment to the petitioner, the respondents have not acted upon the same and the petitioner was not provided with any alternative employment so far. Therefore, the action of the respondents in not providing alternative employment to the petitioner is arbitrary and illegal and the same is liable to be deprecated. 6. In the result, the writ petition is allowed and the respondents are directed to provide alternative employment to the petitioner, forthwith, and pay arrears of salary from 31.12.2007 by protecting his last drawn salary. Since the respondents have not acted upon the order, dated 31.12.2007, passed by this Court, the petitioner is unnecessary kept out of employment for about 2 ½ years. Under those circumstances, the respondents are also directed to treat the period during which the petitioner was kept out of employment as continuity of service, but without any backwages and the same shall be counted for the purpose of retirement benefits. No order as to costs. _______________________ JUSTICE C.V. RAMULU 03.06.2010. Msr THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.28605 of 2007 03.06.2010 (Msr)