IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.21355 of 2011 Date: 29.07.2011 Between: M. Kotaiah .....Petitioner AND APSRTC, rep. By its Managing Director, Hyderabad and 2 others. ....Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.21355 of 2011 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondent in retiring the petitioner from service through proceedings dated 5.5.2009 prematurely on the ground of defective vision in the eyes without providing the alternative suitable post as arbitrary, unjust, in violation of the Section 47 of the Persons With Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1995 (for short, the Act), read with Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to provide the petitioner with an alternative suitable employment as mandated by the Section 47 of the Act along with all consequential benefits including back wages. 2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 3. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner joined in the services of the respondents’ corporation on 16.4.1986 as Driver through due process of selection. Subsequently his services were regularized in the year 1987. Ever since the date of joining the petitioner has been working as Driver and suddenly he was made to retire from services prematurely with effect from 5.5.2009 by the 3rd respondent on the ground that he was declared unfit due to defective distant rear vision in his eyes without providing the alternative employment as mandated by Section 47 of the Act. As such, the action of the respondents is in violation of Articles 14, 16 and 21 of the Constitution of India. As such the petitioner is put to loss of more than eight years of service and its benefits. However, the petitioner has been requesting the respondents to consider his case for providing alternative employment by taking back the monetary benefits arranged as per the provision of Section 47 of the Act, but it is being dragged on for one reason or the other. Hence this Writ Petition. 4. The contention of the learned counsel for the petitioner is that the respondents issued the proceedings dated 05.05.2009 to the petitioner retiring him on medical grounds as he was declared medically unfit for the post held by him with effect from 5.5.2009. The petitioner has submitted a representation to the respondents on 4.7.2011 giving undertaking to refund the entire monetary benefits received by him in connection with his retirement as he is interested to take alternative post and it is pending with them without taking any action and hence he prays to allow the Writ Petition. 5. When the representation is pending with the respondents, it is for the respondents to take an appropriate decision in accordance with the rules and regulations of the respondents corporation by taking into consideration of the provisions of Section 47 of the Act. 6. Accordingly, the Writ Petition is disposed of directing the respondents corporation to take an appropriate decision on the representation of the petitioner dated 04.07.2011 with regard to providing of an alternative suitable post to him in accordance with the rules and regulations of the corporation by taking into consideration the provisions of Section 47 of the Act, within eight weeks after depositing with respondents all the terminal benefits received by him in pursuance of his retirement. No order as to costs. ______________ K.C.BHANU,J Date: 29th July, 2011. Gk THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.21355 of 2011 Date: 25.07.2011 Gk.