IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 6147 of 2008 Between: N. Ramu S/o Gangaraju R/o Indra Colony, Near Petrol Bunk, Kasibugga, Srikakulam District. ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad, rep by its Vice Chairman & Managing Director. 2 The Regional Manager, APSRTC., Palasa Srikakulam 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 will be pleased to issue an order direction or Writ particularly one in the nature of Writ of Madnamus or any other appropriate Writ (i) declaring the proceedings No. P1/255 (4)/2007-PLS dated 17-9-2007 in discharging the services of the petitioner w.e.f. 22-8-2007on the ground that petitioner was found to medically unfit to the post of Driver A-1 Category is wholly illegal and baseless; (ii) declaring the action of the respondents in not providing alternate post in accordance with section 47 (1) persons with Disabilities (Equal Opportunity, Protection of Rights and full participation) Act, 1995 (Act 1 of 1996) as illegal, arbitrary and unjust; (iii) and consequently direct the respondent-Corporation to provide alternate employment to the post of Dispatch Clerk, Announcer and controller or any other suitable post Under Section 47 (1) of persons with Disabilities (equal opportunity, Protection of Rights and full parsons with Disabilities (Equal opportunity, protection, of Rights and full participation) Act, 1995 (Act 1 of 1996) and pass such other order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondents: MR.C.APPAIAH SARMA The Court made the following ORDER: The petitioner was employed as a Driver in the Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’) on 28.02.1999. While on duty, he suffered injuries in an accident on 28.06.2005. The Medical Board of the Corporation examined the petitioner and found him to be unfit to hold the post of Driver. On the basis of the same, the Depot Manager, Palasa issued proceedings, dated 17.09.2007, directing disengagement of the petitioner in terms of Regulation 6-A(4) of A.P.S.R.T.C. Employees (Service) Regulations, 1964. The petitioner submitted a representation, dated 21.01.2008, to the respondents requesting that his case be considered for alternative employment. He approached this Court by complaining that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is a matter of record that the petitioner was disengaged from service on the basis of a medical certificate declaring him as unfit. The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995, mandates that whenever an employee becomes medically unfit, while in service, he shall be offered alternative employment instead of being removed or disengaged. The representation of the petitioner was made in that context. The respondents cannot keep the representation pending indefinitely. The petitioner is without employment for the past six months. Hence, the writ petition is disposed of, directing the respondents to pass appropriate orders on the representation, dated 21.01.2008, submitted by the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________ 31.03.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}