THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28522 OF 2014 Between:- N.Hariya.
…Petitioner And 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.28522 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel for APSRTC., appearing for the respondents.
The petitioner was working as driver in the respondent corporation and while he was driving the bus from Airport to Dilsukhnagar on 21-10-2013, suffered chest pain. Initially he was directed to Sunshine Hospital, Secunderabad, where it was diagnised by the doctors that he was suffering from cardiac problem and he was operated on 11-11-2013 and ICD device was implanted.
Subsequently, he was directed to APSRTC., Dispensary at Mushirabad to ascertain his fitness and he was declared unfit to the post of driver on 12-3-2014. Thereafter, he was directed for re-medical examination to the Medical Board, APSRTC Hospital, Tarnaka on 21-
5-2014, where he was declared unfit for the post of driver in A1 category due to cardiac problem. However, the Medical Board declared him fit for alternative post of Shramik and the decision of the Medical Board was communicated to the petitioner on 21-5-2014.
It is submitted by the petitioner that the second respondent has accorded sanction to provide the alternative post of Shramik to the petitioner, but the third respondent by order dated 11-6-2014 has directed the 5th respondent to appoint the petitioner as Shramik, subject to medical fitness and accordingly, he was again referred to the 4th respondent and the 4th respondent after examining him, declared him unfit for the post of Shramik on 17-6- 2014 due to severe heart disease. Consequently, the petitioner was not provided with the job of Shramik.
The learned counsel appearing for the petitioner submits that as the petitioner was declared by the Medical Board, fit to work as Shramik, again he cannot be referred to a doctor and therefore, the respondents ought not to have placed reliance on the report dated 17-6-2014 issued by the doctor.
On the other hand, Sri C.Sunil Kumar Reddy, learned standing counsel appearing for the respondent corporation would submit that after making a decision to appoint the petitioner as Shramik, he was referred to the doctor by the 5th respondent so as to find out his fitness to discharge the duties of Shramik and in the medical examination, he was found unfit to discharge the duties of Shramik.
Having regard to the submissions made by both the learned counsel, I am of the view that since the Medical Board found the petitioner fit to discharge the duties as Shramik, he can be provided with alternative job of Shramik and therefore, the respondents are directed to do so. However, if the petitioner is not able to even perform the duties of Shramik, the respondents are at liberty to again refer him to the Medical Board for its opinion.
With the above direction, the writ petition is disposed of accordingly at the stage of admission. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 23-09-2014 Shr THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28522 OF 2014 Date: 23-09-2014 Shr.