IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 11669 of 2008 Between: K. Narayana E. No. 353353, Driver S/o Narasimhulu Koduru Road, R/o Avanigadda, Vysya Colony, Krishna District. ..... PETITIONER AND 1 Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad. rep by its Vice Chairman & Managing Director 2 The Regional Manager, APSRTC., Krishna Region, Vijayawada, Krishna District. 3 Depot Manager, APSRTC., Avanigadda Depot, Krishna 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 a Writ, order or direction, more particularly one in the nature of Writ of mandamus, declaring the action of the respondents in retiring the petitioner from services on medical grounds w.e.f 13-11-2007, vide Proc. No.P1/468(01)/2008-AVG dated 05-03- 2008 is wholly illegal, unjust and arbitrary, without providing alternate employment as per section 47 of persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 as illegal and arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to provide alternate employment to the petitioner by creating supernumerary post in the same scale of pay drawn by me as on August 2006 with all consequential benefits till date and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.CHALLASIVASANKAR Counsel for the Respondents: MR.R.MANMADHA REDDY (SC FOR APSRTC) The Court made the following ORDER: The petitioner joined the service of the A.P.S.R.T.C. as a Driver in January, 1990. He was subjected to periodical medical examination on 13.11.2007 and it was found that he is unfit to discharge the functions of a Driver. In that view of the matter, the Depot Manager, Avanigadda Depot, the third respondent herein, issued Office Order, dated 05.03.2008, retiring the petitioner from service. The petitioner challenges the same. He contends that even if he is unfit to discharge the functions of Driver, the respondents can provide alternative employment and he bases his claim on Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, (for short ‘the Act’). Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The only ground on which the petitioner was prematurely retired from service on 05.03.2008 is that he was found medically unfit to discharge the functions of Driver. The Parliament enacted the Act to protect the rights of the persons who suffer any medical disability while in service. The A.P.S.R.T.C. is governed by the provisions of the Act. Section 47 of the Act mandates that the employer must provide alternative employment to the persons who are found medically unfit. Therefore, the writ petition is allowed and the impugned order is set aside. The respondents are directed to provide alternative employment to the petitioner in terms of Section 47 of the Act, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:10.06.2008. Note: Issue cc in three days. (B/o) kdl