IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15669 of 2011 Date: 29.07.2011 Between: P. Ramanjaneyulu .....Petitioner AND APSRTC, rep. By its Managing Director, Hyderabad and another. ....Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15669 of 2011 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking to declare the impugned proceedings dated 27.1.2010 and the circular dated 4.3.2009 issued by the respondents as illegal, unfair labour practice, and violative of the provisions of Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, the Act) and Article 14, 16 and 21 of the Constitution of India and grant all consequential benefits. 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 was appointed as a Driver in Anantapur Region in the year 1989 and while he was working in Hindupur depot, he was found medically unfit for the post of Driver on 15.7.2009 in the periodical medical examination due to defective vision. Then the petitioner requested the 2nd respondent to provide an alternative post and he was pleased to provide an alternative post of Record Tracer of Personnel Department and posted to work at Kadiri depot vide proceedings dated 27.1.2010 in pursuance of the circular dated 4.3.2009 subject to certain terms and conditions mentioned therein. Consequently, the petitioner reported to duty as Record Tracer and assumed the charge on 3.2.2010. Subsequently his pay was fixed at the stage equal or just below to that of his pay in the present pay scale of Record Tracer treating the difference, if any as personal pay to be absorbed in future increments instead of continuing the pay and the time scale attached to the post of Driver. The petitioner is entitled to draw the same pay in the time scale attached to the post of Driver and consequent to the denial of the same pay and scale attached to the post of Driver, his pay is getting reduced with the absorption of the difference of pay in the future increments resulting in financial loss. Therefore, the impugned circular and proceedings issued by the respondents is contrary to the provisions under Section 47(1) of the Act. Hence the Writ Petition. 4. The contention of the learned counsel for the petitioner is that as per the Act, the petitioner was declared as medically unfit and he was given an alternative employment as Record Tracer, but his pay was not protected on par with the drawing of the salary prior to his invalidation as a Driver. Therefore, he prays to direct the respondents to give protection to his pay. 5. On the other hand, the learned standing counsel for the respondents contended that the appropriate decision has to be taken by the respondents in accordance with the rules and regulations governing the service conditions of the petitioner. 6. The factual matrix is not in dispute. Admittedly the petitioner was declared as medically unfit to discharge his duties as Driver and he was given an alternative post of Record Tracer. As on the date of medical invalidation, the petitioner was admittedly working as Driver with a particular pay in a particular pay scale. Therefore, necessarily, his pay has to be protected when an alternative post of Record Tracer was given which is a lower pay scale than the pay scale of the Driver post. 7. Accordingly, the Writ Petition is disposed of directing the respondents corporation to take an appropriate decision on this aspect to protect the pay of the petitioner in the time scale of pay in the substantive appointment of petitioner as Driver and pass necessary orders within eight weeks from the date of receipt of copy of this order. No costs. ______________ K.C.BHANU,J Date: 29th July, 2011. Gk THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15669 of 2011 Date: 29.07.2011 Gk.