IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY EIGTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.33467 of 2011 Between: Ch.R.Raju … Petitioner And APSRTC., Rep.by its VC & MD, Musheerabad, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.33467 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondents in not offering and providing any alternative employment and payment of petitioner’s salaries w.e.f. 10.02.2010 to till date as illegal, arbitrary and contrary to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act’) and set aside the same and further direct the respondents to provide any suitable alternative employment as per the said Act and pay salaries from the date of Medical unfit to till providing alternative employment. The case of the petitioner, in brief, is that while he was working as Driver in the 3rd respondent’s depot, the authorities directed him to appear before the Corporation’s Senior Medical Officer for periodical Medical examination. Accordingly, he appeared before the Medical Officers wherein he was declared vide letter dated 10.02.2011 unfit for the post of A-1 category Driver on the ground of complex partial seizures and the same was confirmed in appeal and also before the Medical Board. Thereafter, he made representations dated 21.02.2011 and 20.03.2011 to the respondents 2 and 3 with a request to provide alternative employment as per the Section 47 of the Act and also to pay salaries from the date he was declared medically unfit to perform his duties as A-1 category Driver and the respondents did not initiate any action on the said representations. Hence, the petitioner filed the present writ petition. The learned counsel for the petitioner would submit that admittedly the petitioner was declared medically unfit to perform his duties as A-1 category driver. But as per the Section 47 of the Act, the petitioner is entitled to alternative employment. Bringing the said fact, the petitioner made representations on 21.02.2011 and 20.03.2011 seeking to provide alternative employment. But the respondents did not provide any alternative employment and the same are pending without passing any orders. The learned standing counsel for the respondents Corporation would submit that as it is specifically stated that the petitioner made representations and the same are pending consideration, therefore, the respondents may be directed to consider the same and pass appropriate orders. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. Admittedly, the petitioner was declared medically unfit to perform his duties as A-1 category Driver in the Corporation. The main contention of the petitioner is that he is entitled to alternative employment as contemplated under Section 47 of the Act and he also made representations on 21.02.2011 and 20.03.2011 to that effect and the same are pending consideration before the respondents. In that view of the matter, without going into the merits of the case, this writ petition can be disposed of with the following direction. The respondents are directed to consider the representations dated 21.02.2011 and 20.03.2011, while taking into consideration Section 47 of the Act, and pass appropriate orders, in accordance with law, within a period of two months, from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 28.12.2011 LSK