IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE FOURTEENTH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.29869, 27953 and 27966 of 2011 Between: W.P. No.29869 of 2011 N.B. Venkaiah … Petitioner And The Regional Manager, APSRTC., Rangareddy Region, MGBS., Hyderabad, A.P., and others … Respondents W.P. No.27953 of 2011 Md.Jabeer … Petitioner And The Regional Manager, APSRTC., Nalgonda Region, at Nalgonda Nalgonda District, A.P., and others … Respondents W.P. No.27966 of 2011 T.Sagar Reddy … Petitioner And The Regional Manager, APSRTC., Nalgonda Region, at Nalgonda Nalgonda District, A.P., and others … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.29869, 27953 and 27966 of 2011 COMMON ORDER: Though these writ petitions have been filed separately by the different writ petitioners and as the subject matter and the relief sought for in these writ petitions are one and the same, they are being disposed of by this common order. For the purpose of convenience, the petitioners in W.P. No.29869, 27953 and 27966 of 2011 will be referred to as the petitioner No.1, 2 and 3, respectively. The petitioners 1 and 2 filed writ petitions seeking for issuance of Writ of Mandamus declaring the action of the respondents in not paying the salary for the period from the date of declaring them for unfit to the post of A-1 Driver and to the date of providing alternative employment on medical grounds, i.e. (01.072009 to 03.11.2010 and 12.09.2009 to 11.08.2010, respectively), as bad, arbitrary, illegal, unjust and unreasonable and consequently to direct the respondents to pay the salary for the interregnum period to the petitioners. The petitioner No.3 also filed the writ petition with the similar prayer except from the date of declaring him for unfit to the post of A-1 Driver and to the date of retirement on medical grounds i.e. 09.06.2009 to 25.02.2010. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents Corporation. There are no disputed questions of fact with regard to the particulars referred to herein below. In all these writ petitions, the petitioners are the A-1 category drivers and they were declared unfit on 01.07.2009, 12.09.2009 and 09.06.2009, respectively, to the said post. In respect of petitioners 1 and 2, they were provided with alternative employment and in respect of petitioner No.3, he opted to retire on medical grounds. The claim of the petitioners is that while they were working as A- 1 category drivers in the respondents Corporation, due to ill-health, they were referred to Medical Board, which, eventually, declared them to be unfit to discharge their duties as A-1 Drivers. As per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (for short ‘the Act’) they are entitled to alternative employment. Therefore, the petitioners 1 and 2 are provided with alternative employment as Record Tracer and Shramik, respectively, and in respect of the 3rd petitioner, he opted to retire on medical grounds and he availed the monetary benefit in lieu of alternative employment. The main grievance of the petitioners is that they have not been paid salary for the period from the date of declaring them unfit to the date of providing alternative employment to the petitioners 1 and 2 and in respect of the petitioner No.3 to the date of his retirement. The learned counsel for the petitioners would submit that in spite of the representations made by the petitioners, they are not being paid the salary to which they are entitled to. In support of the claim made by the petitioners, the learned counsel, while placing a copy of the order dated 18.09.2002 passed in W.P. No.24326 of 2001, submitted that this Court had considered the identical issue, wherein, directed the Corporation authorities to pay the salary, which the petitioner therein was drawing as on the date of his retirement on Medical Invalidation up to date and to continue to pay the petitioner therein such salary. Therefore, the petitioners herein are also entitled to payment of salary for interregnum period. On the other hand, the learned Standing Counsel would submit that there is a scheme for considering such cases and their cases will be considered as per the said scheme. They further submitted that the petitioners never made any representations before approaching this Court though it is averred orally. Therefore, these writ petitions are liable to be dismissed. From a perusal of the order dated 18.09.2002 passed in W.P. No.24326 of 2001, this Court had an occasion to consider the similar principle case wherein, the petitioner therein was a driver who eventually declared unfit on 22.03.2000. Therefore, he made a representation for alternative employment but the authorities, without providing alternative employment, retired him on medical grounds. Thereafter, the learned counsel for the petitioner therein relying on the provisions of Section 47 of the Act, contended that if the petitioner is not suitable to continue in the post which he was holding, the respondent employer is obligated to adjust the petitioner in some other post with the same pay and scale and service benefits and if it is not possible to adjust him against any post or he may be kept on supernumerary post until a suitable post is available or he attains the age of superannuation. In the alternative, the learned counsel therein contended that the petitioner therein should be paid his salary, which he was drawing as on the date of his medical invalidation. The learned standing counsel appeared therein had submitted that there was no such scheme nor a vacancy available for employment the petitioner therein in an alternative post. In view of the provisions of Section 47 of the Act and as the respondent Corporation has not provided an alternative employment to the petitioner therein, this Court directed the respondents therein to pay to the petitioner therein the salary, which he was drawing, as on the date of his retirement on medical invalidation up to date and to continue to pay the petitioner such salary. However, it was kept open to Corporation to employ the petitioner in any alternative and suitable post. From the above case, it is clear that whether there is a scheme or not, once an employee was declared unfit by virtue of medical examination, it is obligatory on the part of the Corporation to provide that employee with an alternative employment by virtue of Section 47 of the Act. This Court held that from the date of declaration of an employee is unfit to hold particular post, till that employee is provided with an alternative employment, he is entitled to the salary, which he held in the capacity of his original position. Coming to the case on hand, the petitioners 1 and 2 have already been provided with suitable employment and in respect of the 3rd petitioner, he accepted the monetary benefit in lieu of alternative employment. In all these writ petitions, the petitioners are claiming that they are entitled to payment of salary for the interregnum period mentioned hereinabove. In view of the factual position and following the judgment referred to hereinabove and as the learned standing counsel for the Corporation has specifically submitted that the petitioners never made any application to the Corporation authorities before approaching this Court, I deem it appropriate to direct the petitioners to make representations to the respondent concerned authorities, giving particulars and enclosing necessary documents, within a period of two weeks, from the date of receipt of a copy of this order, and on receipt of such representations, the respondents Corporation authorities are directed to pass appropriate orders, in accordance with law, for payment of necessary amount, which the petitioners are claiming, within a period of four weeks, from the date of receipt of such representations. Accordingly, with the above direction, these writ petitions are disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 14.11.2011 LSK