IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY WRIT PETITION No.32314 OF 2010 Between: K.S.N. Prasad. - - - Petitioner. AND The APSRTC, Rep. by its Vice Chairman & Managing Director, Musheerabad, Hyderabad and two others. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY WRIT PETITION No.32314 OF 2010 O R D E R: This Writ Petition is filed under article 226 of the Constitution of India by the writ petitioner (For short, ‘the petitioner’) driver seeking to issue a Writ of Mandamus declaring action of the Respondents in not providing alternative employment to him as Helper/Cleaner/Shramik, Booking Clerk or any suitable post in spite of his repeated requests though he was medically unfit to work as driver vide Medical Certificate No.075691, dated 14-08-2010 as illegal, contrary to the provisions of Section 47 of the persons with disabilities (Equal opportunities protection of rights and full participation) Act, 1995 (For short, ‘The Act’), and violative of Articles 14, 16 and 21 of the constitution of India. 2. The case of the petitioner in brief is as follows : The petitioner worked as Driver in the first respondent’s Corporation at Vijayawada Bus Depot, Krishna District. The petitioner was appointed as regular Driver in the year 1995 and had successfully completed 15 years of service in that capacity. While so, in the month of August, 2010 he was sent for periodical medical check up at C.B.S. Dispensary, Vijayawada. Then concerned doctors therein declared him as medically unfit for the post of Driver vide certificate dt. 14-08- 2010. Later the petitioner was referred to Tarnaka Hospital, APSRTC, Hyderabad for re-medical examination and there also he was declared unfit for the post of Driver. Since then, the petitioner has been kept idle by the third respondent without paying any salary to him and without providing him any alternative employment to him which is contrary to the provisions of section 47 of the Act. Aggrieved by the inaction on the part of the third respondent to provide any alternative employment to the petitioner, he has filed the present Writ Petition. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Respondents-APSRTC. 4. The learned Standing Counsel for the Respondents submits that necessary representations have to be made to the second respondent in order to consider the question of providing alternative employment to the petitioner by virtue of Section 47 of the Act and without making such representations to the Respondents, it is not proper on the part of the petitioner to approach this Court by way of filing this Writ Petition for the said relief. 5. It is not in dispute that the petitioner has to make representations to the second respondent to provide alternative employment to him as narrated. It is not his claim that he made such representations to the second respondent. 6. In view of the submissions made by the learned Standing Counsel for the Respondents-APSRTC it is clear that the petitioner has to approach the second respondent for providing him alternative appointment under the said circumstances. Taking into consideration the fact that the petitioner without making any representations to the second respondent has straight away approached this Court and filed this Writ Petition, the Writ Petition is misconceived and not maintainable. 291 Hence, the Writ Petition is dismissed. However, the petitioner is at liberty to approach the second respondent seeking alternative employment as per his eligibility, in accordance with law. In such case, the second respondent should dispose of the matter within one month there from. In case the claim of the petitioner is true and there is provision to provide him alternative post, the authority shall consider the same. No order as to costs. __________________________ G. KRISHNA MOHAN REDDY, J. Date.07-12-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOAHN REDDY WRIT PETITION No.32314 OF 2010 December, 07, 2011 DSH