IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8696 of 2008 Between: G. Prameela W/o. G. Shiva Prasad Dilsukhnagar Depot, Dilsukhnagar , Hyderabad. ..... PETITIONER AND 1 The Andhra Pradesh State Road Transport Corporation, Rep. bys its Managing Director, Musheerabad, Hyderabad. 2 The Andhra Pradesh State Road Transport Corporation, Rep. by its Regional Manager, Hyderabad City Region, J.B.S. Picket, Secunderabad. 3 The Andhra Pradesh State Road Transport Corporation, Rep., by its Depot Manager, Dilsukhnagar Depot, Hyderabad. .....RESPONDENT(S) 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 to issue a writ of Certiorari calling for all the connected records including the impugned Proceedings of the 3rd Respondent in Order No. P1/469(1)/208-DSNR dt. 12-3-2008 and quash the same as illegal, improper unjust arbitrary, and contrary to section 47 of the Persons with the disabilities (Equal Opportunity Protection Act 1995) and further direct the respondents to provide an alternative employment to the petitioner by duly protecting her pay and allowances with all consequential benefits including promotion etc., and pass Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8696 of 2008 ORDER: The petitioner is employed as a Conductor in the A.P.S.R.T.C. She sustained injuries in an accident, that took place on 05.09.2001, while discharging her duties. The 3rd respondent required the petitioner to undergo medical examination. Through his certificate, dated 27.12.2007, the Medical Officer of the Hospital of Corporation certified that the petitioner is not fit to be assigned the duties of conductor. On the basis of the said certificate, the 3rd respondent issued an order, dated 12.03.2008, retiring the petitioner from service with effect from 27.12.2007, on medical grounds. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner sustained injures, while on duty, and the disability suffered by her is squarely attributable to that accident. It is not in dispute that the A.P.S.R.T.C. is governed by the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act’). Section 47 of the Act mandates that whenever an employee, who is in service of the organisation, suffers from any medical disability, he shall be offered alternative employment and cannot be removed or retired from service. Hence, the writ petition is allowed and the impugned order is set aside. The 3rd respondent is directed to provide alternative employment to the petitioner, in terms of Section 47 of the Act, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 21.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8696 of 2008 Date: 21.04.2008 JSU