SARDAR Vs. APSRTC

JUDGEMENT

(1.) The petitioner, in this writ petition, seeks a Writ of Mandamus declaring the proceedings of the second respondent Vide Proceedings No.L1/876(39)/05-RN(G) dated 04.09.2008 as illegal and arbitrary and consequently to direct the respondents to provide alternative employment to him as contemplated under Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995.

(2.) The brief facts of the case are that the petitioner was appointed as a Driver in the APSRTC in the year 1989. Even as seen from the counter filed by the respondents not even a single memo was issued to him during his service. Thus, it appears that the contention of the petitioner that he worked to the utmost satisfaction of his superiors has to be accepted. The petitioner was directed to undergo medical examination. He was found unfit for the post of driver, vide MC No.17618, dated 09.10.2002, due to defective distant vision. According to the respondents, the petitioner was retired from service on medical grounds with effect from 09.10.2002 under regulation 6-A(4) of the APSRTC Employees (Service) Regulations 1964. The further case of the respondents is that the petitioner filed Writ Petition before this Court being W.P.No.17404 of 2005 and the same was disposed of by this Court by order dated 23.06.2008 with a direction to the petitioner to file a fresh representation to the second respondent within a period of two weeks from then and the second respondent therein shall consider the same in accordance with law and pass appropriate orders within a period of two months thereafter. Subsequently, the petitioner submitted representation dated 17.07.2008 to the second respondent to provide alternative employment to him which was duly rejected by the second respondent by order dated 04.09.2008, which is being impugned by the petitioner in this writ petition. The main contention of the respondent Corporation is that the petitioner opted to retire from service by availing additional monetary benefit of Rs.86,688/- which was paid duly paid to him and that the alternative employment will be provided to those employees who retire from service on medical grounds and do not avail additional monetary benefit in lieu of employment.

(3.) Regulation 6A(4) of the APSRTC Employees Service Regulations 1964 is as follows:-