IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No:30889 OF 2011 Between: N. Venkatesham. - - - Petitioner. AND A.P.S.R.T.C. Rep. by its Managing Director, Bus Bhavan, RTC ‘X’ Road, Hyderabad and two others. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.30889 OF 2011 O R D E R: This Writ Petition, under article 226 of the Constitution of India, is filed by the Petitioner seeking to issue a Writ of Mandamus declaring the impugned Proc.No.P1/469(02)/2007-KMR, dated 01-09-2007 retiring the petitioner from service prematurely without providing alternative employment like Record Tracer, Shramik or any other suitable alternative employment as mandated by Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (For short, ‘the Act’) as illegal, unjust, arbitrary and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to provide the petitioner with any alternative employment like Record Tracer, Shramik and Clerk or any other suitable employment in the interest of Justice. The case of the Petitioner, in brief, is as follows : The Petitioner was appointed as a regular driver in the Andhra Pradesh State Road Transport Corporation (For short, ‘the A.P.S.R.T.C.’) on 08-04-1986. Thereafter, he was retired from service on 01-09-2007 on the ground that he was medically unfit to perform the duties of a driver on 01-09-2007 by providing a monetary benefit of 13,000/- to him. Thereafter, the Petitioner got issued a legal notice dated 29-10-2011 requesting the first and third Respondents to take back the monetary benefit received by him and provide any alternative employment to him as mandated by Section 47 of the Persons with Disabilities Act, 1995 but so far the Respondents have not taken any action. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the Petitioner and the learned Standing Counsel appearing for the Respondents-A.P.S.R.T.C. The learned counsel for the Petitioner would submit that under Section 47 of the said Act, it is mandatory on the part of the Respondents before making to retire an employee on the ground of medical invalidation to provide any alternative employment to him. If for any reason no alternative employment is available, then only monetary benefit has to be paid to him. In the instant case, the Respondents without providing any alternative employment to the petitioner, only paid an amount of Rs.13,000/- towards monetary benefit and the Petitioner received the same. Further, he submits that under Section 47 of the Act, alternative employment has to be provided to the employee retiring from service on the ground of medical invalidation. He also submits that under similar circumstances this Court in Writ Petition No.21355 of 2011, dated 29-07-2011, considered the case of the Petitioner therein and directed the Respondents to provide any alternative employment to the petitioner in accordance with the rules and regulations of the Corporation by taking into consideration the provisions of Section 47 of the Act, within eight weeks after depositing with Respondents all the terminal benefits received by him in pursuance of his retirement. The case of the Petitioner in that case is that he joined as driver in the Respondents Corporation on 16-04-1986 and he was made to retire from service prematurely with effect from 05-05-2009 by providing some monetary benefits. Thereafter, the Petitioner requested the Management to take back the monetary benefits paid to him and consider his case for any suitable employment in terms of Section 47 of the Act. Under those circumstances, this Court disposed of the Writ Petition observing as follows : “Accordingly, the Writ Petition is disposed of directing the respondents corporation to take an appropriate decision on the representation of the petitioner dated 04-07-2011 with regard to providing of an alternative suitable post to him in accordance with the rules and regulations of the corporation by taking into consideration the provisions of Section 47 of the Act, within eight weeks after depositing with respondents all the terminal benefits received by him in pursuance of his retirement. No order as to costs”. In the instant case the Petitioner also retired from services with effect from 01-09-2007 on the ground that he was declared medically unfit to perform the duties of a driver by receiving a monetary benefit of Rs.13,000/-. Thereafter, he got issued a legal notice to the Respondents expressing his willingness to pay back the monetary benefit received by him and requested for providing of any suitable employment in terms of Section 47 of the Act, the same has not been considered by the Respondents. Therefore, having regard to the facts and circumstances of the case and also taking into consideration that a similar order was passed by this Court in W.P. No.21355 of 2011 on 29-07-2011, this Writ Petition is accordingly disposed of directing the Respondents to take appropriate decision on the legal notice dated 29-10-2011 of the Petitioner, with regard to providing him any alternative employment in accordance with the rules and regulations of the Corporation duly taking into consideration the provisions of Section 47 of the Act, within a period of eight (8) weeks after depositing with the Respondents all the terminal benefits received by him in pursuance of his premature retirement. No order as to costs. _________________ G. CHANDRAIAH, J. November 24, 2011. Dsh. THE HON’BLE SRI JUSTICE G. CHANDRAIAH 335 WRIT PETITION No.30889 OF 2011 November, 24, 2011 DSH