IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3218 of 2009 Between: S.C. Naik S?o. S. Chokla Naik R/o. D.N. 326/391, Chennakesavapuram, Dharmavaram, Ananapur District. ..... PETITIONER AND 1 The Vice Chairman & Managing Director A.P.S.R.T.C. Musheerabad, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C. Dharmavaram Depot, Anantapur District. 3 The Regional Manager, A.P.S.R.T.C. Anantapur Region, Anantapur. .....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 appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not appointing the petitioner in the suitable alternative post in terms of Sec. 47 of The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 as illegal, arbitrary and in violation of Art. 14 & 21 of Constitution of India and consequently direct the respondents to appoint the petitioner in the suitable alternative post by protecting pay in terms of Sec. 47 of The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 in the interest of justice and to pass Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 3218 OF 2009 ORDER: 1. The petitioner was appointed as driver on 1-7-1989 in the Respondent Corporation. He was declared as medically unfit by the Senior Medical Officer, APSRTC Dispensary, Tarnaka on 24-3- 2008. Thereupon he made application on 29-5-2008 to provide him suitable alternative employment. The petitioner contends that on the advise of the 1st respondent, he made an application to review his suitability for the post of a driver. In the review also he was declared as unfit for the post of driver on 23-12-2008. His request for providing alternative employment is not acceded to by the authorities and therefore, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 2. When the writ petition came up for admission, Smt. W.V. S. Rajeswari, learned standing counsel of APSRTC takes notice on behalf of the respondents 1 to 3.. 3. The factual aspect of the petitioner being declares as medically unfit for the post of driver is not contradicted by the respondents. 4. In that view of the matter, the writ petition is disposed of directing the respondent Corporation to consider the application of the petitioner for providing alternative employment in accordance with the provision 47 of the persons with Disabilities ( Equal Opportunities Protection of Rights and Full Opportunities) Act, 1955 . No order as to costs. __________________________ Justice B. Seshasayana Reddy 19th February, 2009 KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 3218 OF 2009 19thFebruary,2009.