IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8802 of 2008 Between: S. Ahmmed S/o S. Basha sab, R/o D. No. 4-2-618, 4th Road, New Town, Anantapur. ..... PETITIONER AND 1 The Vice Chairman & Managing Director, APSRTC., Musheerabad, Hyderabad. 2 The Depot Manager, APSRTC., Anantapur Depot, Anantapur. 3 The Regional Manager, APSRTC., Anantapur Region, Anantapur. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue approprite Writ or order or direction more particularly one in the nature of Writ of mandamus declaringthe action of the 3rd respondent in directing to appoint the petitioner as conductor through proceedings No. P4/468(4)/2007-RM-"A" dt 1-4-2008 in compliance of sec. 47 of the persons with Disabilities (Equal Oportunities Protection of Rights and full Participation) Act, 1995 as illegal, arbitrary and in vioaltion o f ARt 14 & 21 of Constitution of India and consequently driectthe respondents to appoint the petitioner in any other alternative suitable post except inthe post conductor in the interest of Justice and to pass such other order or orders. Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8802 of 2008 ORDER: The petitioner was employed as a Driver in A.P.S.R.T.C. While he was working in the Anantapur Depot, he was subjected to medical examination at the A.P.S.R.T.C. Dispensary. Through proceedings, dated 08.03.2007, the Medical Officer certified that the petitioner is unfit to hold the post of Driver-I, due to ‘defective near and distant vision’. Therefore, the petitioner submitted a representation, 08.04.2007, to the 3rd respondent, with a request to provide him an alternative employment. Complaining that his representation was not considered by the respondents, the petitioner approached this Court by filing W.P.No.8921 of 2007. Through order, dated 26.04.2007, the writ petition was disposed of, with a direction to the respondents to consider the representation of the petitioner, in the light of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act’). In compliance with the same, the 3rd respondent had issued proceedings, dated 01.04.2008, appointing the petitioner as conductor. The petitioner challenges the said proceedings. According to the petitioner, the defective vision, which he suffers, would not permit him to discharge the duties of conductor and the respondents ought to have offered him any other suitable post. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner was found medically unfit to hold the post of driver. Either as a measure of implementation of the policy or in compliance with the provisions of the Act, the respondents have appointed the petitioner as Conductor. While a driver needs to notice the larger objects, a conductor is required to issue tickets with smaller printing and write the S.R., even while the bus is on motion. Such duties cannot be expected to be discharged effectively by a person, who was declared as suffering from defective vision. The respondents ought to have considered the case of the petitioner for any other employment, which does not need such meticulous vision. The writ petition is, accordingly, disposed of, directing the respondents to offer the petitioner an employment other than that of a conductor without further loss of time. There shall be no order as to costs. _________ 24.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8802 of 2008 Date: 24.04.2008 JSU