IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26343 of 2008 Between: B.Suri Babu S/o.B.Suraiah R/o.Machilipatnam, Krishna District ..... PETITIONER AND 1 Andhra Pradesh STate Road Transport Corporation, Musheerabad,Hyderabad, rep.by its Vice Chairman & Managing Director 2 The Regional Manager, APSRTC,Krishna Region Vijayawada,Krishna District 3 The Depot Manager, APSRTC,Machilipatnam Depot Krishna District .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in retiring the petitioner from services on medical grounds vide Proc.No.P1/468(1)/07-MTM dated 15.3.2007 issued by the 3rd respondent is wholly illegal, unjust and arbitrary, without providing alternate employment as per section 47 of persons with Disabilities (Equal Opportunities Protection of Rights & Full Participation)Act, 1995 as illegal, arbitrary, unjust and violation of Article 14,16 and 21 of Constitution of India and consequently set aside the Proc.No.P1/468(1)/06-MTM dated 15.3.2007 issued by the 3rd respondent and direct the respondents to provide alternate employment to the petitioner by creating supernumerary post in the same scale of pay drawn by the petitioner as on January 2007 with all consequential benefits till date. Counsel for the Petitioner: MR.CHALLASIVASANKAR Counsel for the Respondents: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : O R D E R : The petitioner joined the service of the APSRTC as a driver in the year 1984. He was subjected to periodical medical checkup and he was found medically unfit due to defective distance vision of both eyes. The Depot Manager, APSRTC, Machilipatnam Depot, Krishna District-3rd respondent issued proceedings vide Proc.No.P1/468(1)/07-MTM, dated 15.03.2007 retiring him from service on medical grounds. The petitioner challenges the same. He contends that even if he is unfit to discharge the functions of Driver, the respondents can provide alternative employment and he bases his claim on Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, (for short, ‘the Act’). 2. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 3. The only ground on which the petitioner was prematurely retired from service on 15.03.2007 is that he was found medically unfit to discharge the functions of Driver. The Parliament enacted the Act to protect the rights of the persons who suffer any medical disability while in service. The A.P.S.R.T.C. is governed by the provisions of the Act. Sec. 47 of the Act mandates that the employer must provide alternative employment to the persons who are found medically unfit. The issue of providing alternative employment under Section 47 of the Act fell for consideration in K.Narayana v. APSRTC, Musheerabad, Hyd. & Ors., (W.P.No.11669 of 2008, dated 10.06.2008). Learned single Judge of this Court while setting aside the proceedings whereunder the petitioner therein was made to retire from service and directed the respondents therein to provide alternative employment. The said decision is squarely covers the facts of the case on hand. 4. Accordingly, the writ petition is allowed and the proceeding vide Proc.No.P1/468(1)/07-MTM, dated 15.03.2007, issued by the Depot Manager, APSRTC, Machilipatnam Depot, Krishna District-3rd respondent, is set aside and the respondents are directed to provide alternative employment to the petitioner in terms of Section 47 of the Act within a period of four weeks from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:29th January, 2009. Note: Issue C.C. within three days. B/o cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}