M SRINIVAS Vs. APSRTC

JUDGEMENT

(1.) THE petitioner was working as a Mechanic in Kushaiguda Depot. On

(2.) 02.2007 during day shift at about 10.30 AM while the petitioner was attending RG work of vehicle No.912, power steering oil leakage, suddenly a tree fell on the petitioner. He was sent to Tarnaka hospital by the mechanic supervising the work. Then, it appears that the petitioner was under treatment from 10.09.2008 at APSRTC hospital, Tarnaka. According to the petitioner, the doctors in APSRTC hospital, Tarnaka, advised him not to lift weights, take care of his back and take complete bed rest. Then it appears that the petitioner requested the respondents to send him for medical examination and to retire him on medical grounds. Then the petitioner was sent to APSRTC Hospital, Tarnaka, for medical examination. The doctors therein after examining found him unfit for M2 category vide MC No.0/101154, dated 24.03.2009. Then notice was issued to him informing that he was found unfit to the post of Mechanic and that he has to be retired on medical grounds with effect from 24.03.2009. Then the petitioner submitted an application on 08.05.2009 requesting to settle his accounts and pay the amounts due to him. Accordingly, he was retired from service on medical grounds with effect from 24.03.2009, vide office proceedings No.P3/756(7)/09-KG, dated 12.05.2009. It is also not in dispute that certain amounts have been settled and paid to the petitioner. Thus, a total amount of Rs.4,41,516/- seems to have been paid to the petitioner. Then the petitioner seems to have approached the State Commissioner under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'the Act') and filed an application in Case No.207 of 2010 and the said authority seems to have decided to refer the petitioner to State Medical Board. It appears that the petitioner was not in a position to pay the required fees for medical checkup and also appears that the Director for the Welfare of Persons with Disabilities and Senior Citizens addressed a letter No.C1/8285/2012, dated 20.01.2012 to the Superintendent, Gandhi Hospital, Secunderabad, to arrange for issue of medical certificate by the State Medical Board with free medical check up to the petitioner. Then, in the above circumstances, the petitioner seems to have withdrawn the petition pending before the State Commissioner under the Persons with Disabilities Act, 1995, and filed this present writ petition. 2. Sri Sunil Kumar Reddy, learned Standing Counsel for the respondents-APSRTC, submits that unless a person has been certified as a disabled person by the competent medical board as per the provisions of the Act, he cannot claim any benefit under the provisions of the said Act. His second submission is that since the petitioner himself has submitted application for voluntary retirement on medical grounds and subsequently accepted all the retrial benefits and, therefore, he cannot claim any relief in this writ petition.

(3.) NON-discrimination in Government employment:- (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: