HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40362 of 2014 Date: 29-12-2014 Between Ch.Umapathi Reddy … Petitioner and APSRTC, Rep. by its MD, Musheerabad, Hyderabad; and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40362 of 2014 Order:
Heard Sri P.Govinda Rajulu, learned counsel appearing for the petitioner and Smt. D.Radhika, learned Standing Counsel for the respondents-Andhra Pradesh State Road Transport Corporation (the Corporation, for short).
2. While the petitioner was working as a driver in 3rd respondent-Depot, he was directed to appear before the Medical Officer of the Corporation for periodical medical examination. The Medical Officer examined and declared him unfit for the post of driver due to defective vision. The respondents-Corporation directed the petitioner to appear before the Medical Officer of the Corporation, Tarnaka for medical examination to ascertain the suitability for the post of Shramic. Thereafter, the petitioner was appointed as Shramic on 16-4-2010. Though the petitioner is entitled for salaries and other benefits from the date on which he was declared medically unfit till the date of providing alternative employment with all service benefits in the post of driver as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the respondents-Corporation appointed him as Shramic without extending the service benefits in the post of driver. Hence, the writ petition.
3. Upon perusing the Affidavit filed in support of the writ petition and on hearing both the learned counsel, the respondents 1 to 3-Corporation are directed to pay the salary to the petitioner from the date on which he was declared unfit till the date of providing alternative employment i.e. from 02-9-2009 to 16-4-2010 within a period of 8 (eight) weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
29th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40362 of 2014 29th December, 2014. (Ak)