THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.17404 OF 2005 O R D E R Heard the counsel for the petitioner and the Standing Counsel Sri C.Prakash Reddy for Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’). 2. Aggrieved by the action of the respondent – Corporation in retiring the petitioner who is working as Driver, on medical grounds, by proceedings No.P1/468(11)/2002, Sattenapalli dated 12.10.2002 issued by the 3rd respondent – Depot Manager, APSRTC, Sattenapalli Depot, and in not providing alternative employment, the present writ petition is filed. 3. From the affidavit filed in support of the writ petition it could be seen that the petitioner was appointed as a Driver in the respondent – Corporation and after serving for a period of about thirteen years, during the periodical medical examination, by M.C.No.17618 dated 9.10.2002 he was declared unfit to hold the post of a driver due to defective distance vision to both the eyes and accordingly by proceedings No.1/468(11)/2002-SAP dated 12.10.2002 issued by the Depot Manager, Sathenapalli, the petitioner was retired on medical grounds and in the year 2003 he was paid an amount of Rs.1,20,000/- towards the services rendered by him. The case of the petitioner is that he was asked to sign on some papers, the contents of which he does not know, and now by the impugned orders, he was retired on medical grounds and it is also noted in the impugned order that he submitted his willingness to retire on medical grounds and not to claim any alternative employment and also not going to file any appeal in any court of law. The grievance of the petitioner is that he was not provided any alternative employment as envisaged under 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995. Though the petitioner filed a representation dated 23.8.2004 seeking alternative employment, the same was not considered and hence the present writ petition is filed. 4. After filing of the writ petition, pursuant to the interim order of this court dated 12.10.2007 in WPMP.No.22144/2005 the Personal Officer, Guntur, issued proceedings No.L1/876(39)/05-RM(G) dated 3.6.2008 informing that as the petitioner availed the monetary benefit amounting to Rs.86,688/- in lieu of alternative employment, the same may be paid back for considering his case for providing alternative employment. The petitioner filed his representation dated 6.6.2008 and requested to provide alternative employment and requested to deduct the said amount from out of his salary every month at the rate of 1/3rd of his basic salary every month till the amount of Rs.86,688/- was totally cleared off. The petitioner also filed W.P.M.P.No.15504/2008 for considering this prayer. 5. The learned Standing Counsel for the Corporation submitted that the Personal Officer to which the petitioner submitted his representation dated 6.6.2008 is not the competent authority and the 2nd respondent – Regional Manager, Guntur Region is the competent authority. 6. In view of the above facts and circumstances, as the respondent – Corporation has issued proceedings dated 3.6.2008 informing the petitioner that his case would be considered for alternative employment provided the petitioner pays back the amount of Rs.86,688/- which he availed in lieu of alternative employment and now that the petitioner is willing to pay back the said amount by way of installments, the writ petition is disposed of with the following direction: “To the proceedings No.L1/876(39)/05-RM(G) dated 3.6.2008 issued by the Personal Officer Guntur, the petitioner shall filed his fresh representation to the 2nd respondent – Regional Manager, Guntur within a period of two weeks from the date of receipt of a copy of this order and thereupon, the 2nd respondent shall consider the same in accordance with law and pass appropriate orders within a period of two months thereafter.” 7. The WPMP.No.15504/2008 is also accordingly disposed of. 8. In the circumstances of the case, there shall be no order as to costs. AVS ----------------------------------- 23—06—2008