THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.26508 OF 2014 Between:-
C.S.Ramulu. And …Petitioner Andhra Pradesh State Road Transport Corporation, Rep.by its Managing Director, Bus Bhavan, Mushirabad, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.26508 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel for APSRTC., appearing for the respondents.
This writ petition is filed for a mandamus, declaring the action of the respondents in not providing suitable alternative employment to the petitioner under Section 47(1) of the Persons with Disabilities Act, 1995, consequent on petitioner being found unfit for the post of driver, as arbitrary, unjust, contrary to Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 and consequently direct the respondents to provide suitable alternative post to the petitioner with all consequential benefits including payment of salary from the date of medically becoming unfit till the date of providing alternative post.
The petitioner was removed from service by office order dated 7-2-2013 on the charge of unauthorized absence. He preferred an appeal and the appellate authority set aside the removal order and directed to reinstate the petitioner with deferment of one annual increment, vide proceedings dated 18-5-2013. It was further directed by the appellate authority that the petitioner be allowed to perform duty for one day and thereafter, he should be sent for medical examination so as to find out whether he is fit to perform the duties of driver. Accordingly, he was sent to APSRTC., Hospital, Tarnaka for medical examination. In the medical examination, it was found that the petitioner was unfit to perform the duties of driver. Thereafter, the petitioner made an application to the respondents to forward him to the Medical Board and provide him alternative post of Shramik as per Section 47(1) of the Persons with Disabilities Act, 1995.
The grievance of the petitioner is that no action so far has been taken on the representation made by him seeking alternative employment. He was neither sent for medical examination nor was provided with alternative employment.
The Division Bench of this Court in Writ Appeal No.1153 of 2010 held that as per Section 47 of the Persons with Disabilities Act, 1995, obligation is on the employer to provide alternative employment, but not on the employee to seek alternative employment and if there is no suitable alternative post available, a supernumerary post has to be created for accommodating the persons with disability.
Therefore, the respondents are directed to consider the representation made by the petitioner to provide him alternative post of Shramik in the light of the aforesaid Judgment of the Division Bench of this Court, within a period of six weeks from the date of receipt of a copy of this order.
The writ petition is accordingly disposed of at the state of admission. No order as to costs. The Miscellaneous petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 10-09-2014.
Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.26508 OF 2014 Date: 10-09-2014 Shr.