IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12385 of 2008 Between: U.Prasada Rao S/o.Narsimham D.No.76-8-12 Gorakshnapeta Rajahmundry,East Godavari District ..... PETITIONER AND 1 The A.P.S.R.T.C rep.by its Depot Manager Rajahmundry Depot Rajahmundry East Godavari District 2 The Regional Manager A.P.S.R.T.C Rajahmundry East Godavari District .....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 or order or direction more particularly one in the nature of writ of Mandamus decalring the impugned order passed in office order No.P1/693(7)06-RJY dt.12-4-2006 by the 1st respondent herein as illegal arbitrary unjust and against the provisions of the persons with Disabilities(equal opportinuities protection of Right and full particiaption) Act 1995" consequently direct the to provide a suitable alternative employment to the petitioner in the corporation by protected the salary and other allowances and pass Counsel for the Petitioner:MR.S.A.RAZAK Counsel for the Respondent No.: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12385 of 2008 ORDER: The petitioner joined the A.P.S.R.T.C. as Driver. He was sent for periodical medical examination in March 2006. It was found that he was not medically fit to discharge the duties of A1-category driver. Vide office order, dated 12.04.2006, the respondents retired the petitioner on medical grounds. The petitioner assails the same and prays for extension of the relief under 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. There is no dispute that the provisions of the Act apply to the service of the petitioner. A perusal of the impugned order, however, discloses that the petitioner himself submitted an application, dated 25.03.2006 with a prayer to permit him to retire from service and extend the additional monetary benefit, in lieu of alternative employment. The request of the petitioner was acceded to and he was retired on medical grounds, duly extending the monetary benefit in lieu of alternative employment. The petitioner cannot now turn round and challenge the impugned order. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 17.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12385 of 2008 Date: 17.06.2008 JSU