THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3685 OF 2009 ORDER: 1. This Writ Petition is filed challenging the action of the respondents in not providing alternate employment and retiring the petitioner from service due to defective distant vision and rejecting his case for alternate employment. 2. The petitioner was appointed as Driver in the respondent corporation in the year 1984. When he was sent for periodical medical examination, he was declared unfit for Driver job during the medical examination. It is his grievance that the respondents, without considering his case for alternate employment, though he made a request, retired him from service vide proceedings dated 16.10.2003, which is contrary to Section 47 of the Personal with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, ‘the Act, 1995’). 3. Heard both sides. 4. Admittedly, the petitioner was declared medically unfit for the post of Driver, and he was retired from service inspite of his request for providing an alternative employment. The learned counsel for the petitioner states that his client is willing to refund the amount received by him towards additional monetary benefit in lieu of alternate employment. Therefore, upon refund of such amount in entirety, the respondents are directed to take an appropriate decision in regard to providing an alternative employment to the petitioner. The Writ Petition is, accordingly, disposed of directing the respondents to take appropriate decision for providing an alternative employment to the petitioner in accordance with the rules and regulations of the corporation as well as Section 47 of the Act, 1995, within a period of eight weeks from the date of receipt of a copy of this order. No costs. --------------------- (K.C.Bhanu, J.) 16.06.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 3685 OF 2009 16.06.2011