IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 9870 of 2008 Between: D. Gangaramulu, S/o. Lakupathi, R/o. 2-67, Bharathnagar, Ramanathpur, R.R. District. ..... PETITIONER AND 1 The Regional Manager, APSRTC Picket, Secunderabad. 2 Depot Manager, APSRTC, Kushiguda, R.R. District. 3 Vice Chairman & Managing Director, APSRTC, Musheerabad, Hyderabad. .....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 2nd respondent - Depot Manager, APSRTC Kushaiguda in not considering the provision of Sec. 47 of Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 and arbitrary retiring the petitioner from the service on medical grounds w.e.f. 27.4.2006 by passing an order on Dt. 3.5.2006 vide Order No. P2/469 (V/2005-KG) without providing any alternative employment is illegal, contrary to the law and violative of ARt. 14 and 21 of the Constitution of India consequently direct the respondents to take the petitioner immediately into the employment either in the same post or in any other post with same pay scale and service benefits even if necessary by creating a supernumerary post until a suitable post is available or he attains the age of superannuation, which ever is earlier with all consequential benefits in the interest of justice and pass such other order or orders. Counsel for the Petitioner: MR.K.K.CHAKRAVARTHY Counsel for the Respondents: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following ORDER: The petitioner was employed as a Driver in A.P.S.R.T.C. While he was working in Kushaiguda Depot of the Corporation, he was subjected to medical test and it was found that he is unfit to discharge the functions of a Driver. Thereupon, he was retired from service on medical grounds with effect from 27.04.2006 vide orders, dated 03.05.2006. The grievance of the petitioner is that he is fit to discharge other duties and his case was not considered under 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 Act applies to the service of the Corporation. The only ground on which the petitioner was retired from service, as Driver, was that he is medically unfit. Section 47 of the Act obligates an employer to provide alternative employment to its employee, whenever he is found medically unfit. Therefore, the writ petition is disposed of, directing the respondents to extend the benefit to the petitioner under Section 47 of the Act, within a period of two (2) 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:01.05.2008. kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}