HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40325 of 2014 Date: 29-12-2014 Between M.Abdul Hai … Petitioner and APSRTC, Rep. by its MD, Bus Bhavan, Musheerabad, Hyderabad;
and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40325 of 2014 Order:
Heard Sri V.Narasimha Goud, learned counsel appearing for the petitioner and Sri P.Durga Prasad, learned Standing Counsel for the respondents-
Andhra Pradesh State Road Transport Corporation (the Corporation, for short).
2. The petitioner joined the services of the respondents-Corporation as a driver on 25-12-1992.
His services were regularized in the month of August, 1993. From 23-11-2010 onwards, he was not allowed for duty nor paid any wages on the ground that when he was examined by the Corporation Dispensary on 22-11-2010 for a periodical medical examination, he was found unfit due to defective distance and near vision in the right eye. Hence, the action of the 3rd respondent is in violation of Article 47 of the Persons with Disabilities Act, 1995 (the Act, for short). He was referred to the hospital of the Corporation at Tarnaka, Hyderabad, which upheld the disability of defective eye vision. The 2nd respondent issued proceedings dated 19-9-2011 providing alternative employment to the petitioner as Shramik. Accordingly, he has been working as Shramik from 25-9-2011.
But, he was denied the benefits including salary for the period from the date of declaring him unfit for the post of driver till he was allowed for the post of Shramik i.e. from 22-11-2010 to 24-9-2011. Thus, the action of the respondents-Corporation is not only in violation of Section 47 of the Act but also in violation of Article 21 of the Constitution of India because the disability was accrued to him during the course of his employment in the respondents-Corporation. As such, the respondents- Corporation are liable to pay salary from 22-11-2010 to 24-9-2011 to the petitioner duly treating this period as on duty for all purpose. 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 salary to the petitioner from the date on which he was declared unfit till the date of providing alternative employment i.e. from 22-11-2010 to 24-9-2011 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.40325 of 2014 29th December, 2014. (Ak)