THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.31437 OF 2011 Dated:07.12.2011 Between: M.R.Krishna .. Petitioner And The APSRTC, represented by its Vice Chairman and Managing Director, Musheerabad, Hyderabad and others .. Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.31437 OF 2011 ORDER: This writ petition is filed seeking a writ of mandamus declaring the action of the respondents – A.P.S.R.T.C. (for short, the Corporation) in not providing alternate employment like Record Tracer/ADC/Booking Clerk/Announcer to the petitioner as he is medically unfit to the post of Conductor due to poor vision, as illegal and 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 to direct the respondents to pay him full wages from 28.09.2010 till providing alternate employment. 2. The case of the petitioner, in brief, is that he was appointed in the Corporation as Conductor in the year 1989. While he was working, he suffered ill health and was sent for medical examination, where he was declared medically unfit to perform the duties of Conductor by the Corporation doctors and that he was kept under forced leave for one year without paying salary to him. He further submits that he has put in 22 years of service in the Corporation and still he has eight years of service to be completed. In this regard, he submitted representation on 30.10.2011 to the second respondent – Regional Manager of the Corporation, requesting the Corporation to provide him alternate employment in the vacancies available in it, as he is unfit for discharging the duties of Conductor due to poor vision. But the Corporation did not act upon the same. He, therefore, approached the Depot Manager of the Corporation on 01.11.2011 taking the same plea before him. His grievance is that he is not paid salary for the last one year and though there are vacancies of Record Tracer, Announcer, ADC and he is interested and eligible to perform the functions of the same, the Corporation is not providing him alternate employment and harassing him by depriving his livelihood. Thereafter, the petitioner also approached the Depot Manager seeking the same relief. Hence, he filed the present writ petition. 3. Heard learned counsel for the petitioner and learned Standing Counsel for APSRTC appearing for respondents 1 to 3. 4. There is no dispute that the petitioner joined in the Corporation as Conductor in the year 1989 and since then he has completed 22 years of service without there being any remarks and still he has to complete eight years of service. Due to ill health, the petitioner was sent for medical examination in the month of August, 2010, where the Corporation doctors declared him unfit to perform the duties of Conductor, due to poor vision. As such, the Corporation forced the petitioner to go on leave for a period of one year, without paying salary. Therefore, he submitted representation on 30.10.2011 to the Corporation seeking alternate employment in the vacancies available i.e., Record Tracer, Announcer, ADC etc., but the Corporation did not act upon the same. 5. According to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, if an employee acquires disability in a post he was holding, he could be shifted to some other post with the same pay scale and service benefits. Section 47 of the Act reads as under. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 47. Non- discrimination in Government employment:- (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification exempt any establishment from the provisions of this section. 6. From the above, it is clear that when an employee acquires disability during his service, his rank should not be reduced by the Government and if he is not suitable for the post he was holding, he could be shifted to some other post with the same pay and service benefits. In the present case, as the petitioner has put in 22 years of service as Conductor and unfortunately due to ill health he was declared unfit to perform his duties, he is entitled for alternate employment in the vacancies available in the Corporation. 7. Accordingly, the writ petition is disposed of directing the competent authority i.e., the second respondent – the Regional Manager of the Corporation to consider the case of the petitioner for appointing him in any suitable post as an alternate employment in terms of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and pass appropriate orders on the representations alleged to have been submitted by the petitioner dated 30.10.2011 and 01.11.2011 within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ (G.CHANDRAIAH, J) 07.12.2011 KH