THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.15438 of 2009 ORDER: 1 The petitioner was appointed as driver in the year 1997 in the respondent-Corporation. As he was sick during the month of February 2006, he was directed to appear before the Medical Board and the Medical Board which examined him on 19.07.2007 declared that he was unfit to continue as driver in A-1 category due to Spine Tuebellare. In the light of the said report given by the Medical Board, the petitioner was retired from service with effect from 01.08.2007. Thereafter the petitioner approached the authorities and gave a representation requesting them to consider his case in a suitable post. But, however, the same is not considered. Hence he approached this court and filed the present Writ Petition. 2 Heard the learned counsel for the petitioner and also the learned standing counsel for the respondent – Corporation. 3 Section 47 of the Disabilities (Equal Opportunities protection of Rights and Full Participation) Act (‘the Act’) provides for alternative employment for the employees who are unfit to discharge the duties which they are doing by the date, on medical grounds. In the light of the provisions of the said Act, in my considered view, the action of the respondents retiring the petitioner from service on the ground that he is medically unfit is unwarranted. If the petitioner is not fit to be continued as driver, he should have been provided for an alternative employment as provided for under Section 47 of the said Act. 4 Now that the petitioner gave a representation to the authorities, requesting them to consider his case for some alternative post, the respondents are hereby directed to consider the representation said to have been given by the petitioner and provide him an alternative employment in their corporation. The said exercise shall be done within a period of six weeks from the date of receipt of a copy of this order. 5 The Writ Petition is accordingly disposed of. There shall be no order as to costs. -------------- 25.02.2010 kvsn