HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.37720 of 2014 Date: 15-12-2014 Between S.R.Ali … Petitioner and The State of Telangana, Rep. by its Secretary, GAD, Secretariat Bldgs, Hyderabad;
and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.37720 of 2014 Order:
Heard Sri S.A.K.Mynoddin, learned counsel appearing for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel for the respondents 2 and 3-
Andhra Pradesh State Road Transport Corporation (the Corporation, for short).
2. The petitioner was appointed as a driver in the respondents 2 and 3-Corporation on 29-10-1984.
He suffered ill health and submitted leave memo to the Corporation, but without considering the same the Corporation removed him from services vide proceedings dated 31-01-2007. Thereafter, questioning the same, the petitioner raised an industrial dispute whereunder the learned Industrial Tribunal directed the Corporation to reinstate the petitioner into service but denied back wages from the date of his absence till the date of retirement i.e. 30-01-2007. It is submitted that the Corporation retired the petitioner on medical grounds prematurely 6 years in advance vide proceedings dated 04-5-2012. Thereafter, he made several representations to the Corporation to provide him alternative employment as per Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (the Act, for short) but the same was not considered. He requested the Corporation to provide employment to his son as Shramik or Attender for which he is suitable in lieu of alternative employment.
He submitted that there is no source of income as he was retired prematurely and there is no earning member in the family. He submitted that the policy decision of the 1st respondent in regard to recruitment is binding on the 2nd respondent-Corporation as per Section 34 of Road Transport Corporations Act, 1950. 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 2 and 3-Corporation are directed to consider the representation dated 31-12-2012 made by the petitioner whereunder he sought for compassionate appointment in accordance with the Rules and the Scheme 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.
15th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.37720 of 2014 15th December, 2014. (Ak)