THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 15940 of 2011 DATE: 14-06-2011 Between: P.V.Krishna Reddy .. Petitioner And A.P.S.R.T.C., rep. by its VC & MD, Musheerabad, Hyderabad and 2 others .. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 15940 of 2011 ORDER: This Writ Petition is filed to declare the action of the respondents in not providing desk job as an alternative employment as recommended by the Medical Officer, Nizam’s Institute of Medical Sciences, Hyderabad as illegal and arbitrary. 2. The brief facts that are necessary for disposal of the present Writ Petition may be stated as follows: The petitioner was working as driver in 3rd respondent Depot. The respondent directed him to appear before the APSRTC Medical Officer, Taranaka for medical examination. The Medical Officer examined him and by letter dated 05.12.2005 directed him to appear before the Nizam’s Institute of Medical Sciences, Hyderabad (for short “NIMS, Hyderabad”). The Medical Officer, NIMS, Hyderabad examined the petitioner’s health condition and provided treatment. Again the 3rd respondent directed the petitioner to appear for medical examination before the APSRTC Medical Officer, Taranaka in the month of February, 2011, who by letter dated 02.02.2011 declared the petitioner unfit for the post of Driver on the ground of Multiple Sclerosis. Having no other alternative remedy, on 14.02.2011 the petitioner made a representation to the 2nd respondent requesting to provide alternative employment. Considering the same, vide office order dated 17.03.2011, the 2nd respondent appointed him as Conductor Grade-II and posted in 3rd respondent Depot. The 3rd respondent again sent the petitioner for medical examination before the Medical Officer, Ongole for suitability for the post of Conductor. The Medical Officer, Ongole by letter dated 25.03.2011 after examination, declared him unfit for the post of Conductor Grade-II on the ground of defective in vision. The post of Shramic is very hard and the petitioner has to lift and carry heavy weight tools and parts of the bus and due to multiple sclerosis and defective in vision, he is not able to do the same. Hence, the writ petition. 3. Learned counsel for the petitioner contended that the Professor of Neurology in the NIMS, Hyderabad examined and issued a certificate dated 18.11.2010 recommending him to allot desk job work so as to avoid any outdoor activities and strenuous work. 4. Though it is stated that the petitioner was referred to the NIMS, Hyderabad but the certificate issued by the Doctor does not indicate that he examined the petitioner on the reference made by the APSRTC authorities. Therefore, no reliance can be placed on the private certificate issued by the Doctor of NIMS, Hyderabad. Therefore, the petitioner is directed to undergo medical examination by the competent Medical Officer in the APSRTC Hospital and thereafter, the APSRTC authorities shall take appropriate decision in allotting the suitable work. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _____________ K.C.BHANU, J 14-06-2011 MR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 15940 of 2011 DATE: 14-06-2011 MR