THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE SANJAY KUMAR W.A.No.970 of 2005 JUDGMENT (Per Sri Justice Ghulam Mohammed) The appellant was appointed as Driver in APSRTC at Guddur Bus Depot on 01.08.1991, but his services were being utilized as Assistant Depot Clerk in Vakadu Bus Depot. For insisting to work as Conductor in April, 1997, the appellant filed W.P.No.9852 of 1997 against the Corporation. The said writ petition was disposed of on 14.12.2004 directing the Corporation to consider the case of the appellant in more pragmatic manner in regard to the entitlement to any of the posts subject to the qualifications as required under the regulations and pass orders in accordance with law. While so, because of acute pain in his legs, the appellant was admitted in APSRTC Hospital, Tarnaka, from there, he was referred to Nizam’s Institute of Medical Science, Punjagutta, Hyderabad. At that stage, the Corporation issued proceedings dated 15.02.2005 withdrawing the appellant from out of his designation at Depot Clerk (Oils) Section. Challenging the said proceedings, he filed W.P.No.7893 of 2005. By order dated 11.04.2005, the learned Judge of this Court dismissed the said writ petition. Hence, the appellant filed the present appeal. 2. Heard both sides. 3. Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act’), provides that if an employee acquires disability during his service, he could be provided with some other post with the same pay scale and service benefits. Section 47 of the Act reads as under; Non-discrimination in Government employment:- (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. In view of the said provision, we deem it appropriate to direct respondent Nos.1 and 2 to consider the case of the appellant protecting his pay and service benefits. Accordingly, the Writ appeal is allowed setting aside the order impugned. However, the appellant shall be continued in the same post as directed by this Court by interim order dated 29.04.2005, till his case is considered as per Section 47 of the Act. No order as to costs. _____________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:13.10.2011 sj