Petitioner challenged his retirement due to visual disability without consideration of employment provisions. Court directed the RT Corporation to arrange suitable alternative post within two months.
Direction to pass orders regarding employment of petitioner in a suitable post within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE SECOND DAY OF AUGUST TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE DR JUSTICE G.YETHIRAJULU
WRIT PETITION NO : 13497 of 2004
Between:
M. Krishna S/o M. Someshwara Rao R/o Nallajerla (Post & Mandal) Near Shivalayam,
West Godavari District
..... PETITIONER
AND
1 Andhra Pradesh State Road Transport Corporation, rep by its Vice Chairman & Managing Director, Mushirabad, Hyderabad 2 The Divisional Manager, Andhra Pradesh State road Transport Corporation, Tanuku Division, West Godavari District. 3 The Depot Manager, Andhra Pradesh State Road Transport Corporation, Tanuku Depot, Tanuku, West Godavari 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 an order, direction or Writ particularly one in the nature of writ of Mandamus or any other appropriate Writ declaring the action of the respondents in retiring the petitioner from service vide proceedings No. P1/469(2)/2001-TNK, dated 8-8-2002 without following the provisions under Section 47 of Act 1 of 1996 is illegal and arbitrary; and consequently direct the respondent-corporation to continue the petitioner in service with the same scale of pay and other service benefits. Counsel for the Petitioner: MR.G.VIDYASAGAR
Counsel for the Respondents: MR.VENKATESWARLU POSANI
SC for A.P.S.R.T.C.
The Court at the admission stage made the following:
ORAL ORDER:
The Petitioner worked as a Driver in the respondents-Corporation. He was retired on medical ground due to defective eye vision through order dated 8-8-2002 passed by the 3rd respondent-Depot Manager. In the said order, it is mentioned that the petitioner cannot be provided with an alternative post.
The learned Counsel for the petitioner represented that the respondents did not take into consideration Section 47 of the Act 1 of 1996, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The learned Counsel for the petitioner also submitted that a Division Bench of this High Court in W.A. 1061 of 2000, dated 12-3-2001, in similar case, directed the respondentCorporation to consider to employ the said petitioner who became disabled under the provisions of Act 1 of 1996.
In view of Section 47 of the Act 1 of 1996, the respondents are directed to pass appropriate orders regarding the employment of the petitioner in a suitable post, within two months from the date of receipt of a copy of this order, and communicate the same to the petitioner.
The Writ Petition is accordingly disposed of. No costs.
2-08-2004
es/mjl
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Mushirabad, Hyderabad
2 The Divisional Manager, Andhra Pradesh State Road Transport Corporation, Tanuku Division, West Godavari District. 3 The Depot Manager, Andhra Pradesh State Road Transport Corporation, Tanuku Depot, Tanuku, West Godavari District.
4. 2 CD copies.
2 issues framed by the court
Whether retirement of a disabled driver on medical grounds without considering the statutory provision for alternative employment is illegal.
Whether the respondent corporation must provide suitable alternative employment to a disabled employee under the Persons with Disabilities Act.
M. Krishna
Andhra Pradesh State Road Transport Corporation
G.Yethirajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
