LAWS(APH)-2013-9-14

DISTRICT COLLECTOR,ADILABAD,ADILABAD DISTRICT Vs. REBBATH SWATHI

Decided On September 11, 2013
District Collector,Adilabad,Adilabad District Appellant
V/S
Rebbath Swathi Respondents

JUDGEMENT

(1.) This writ petition is filed by the Government of Andhra Pradesh in Revenue Department feeling aggrieved by the order, dated 08.03.2013, in O.A.No.3851 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, H Hyderabad. The O.A. was filed by the 1st respondent against the order passed by the 1st petitioner refusing to issue an order of appointment for the post of Village Revenue Officer (V.R.O.)

(2.) The recruitment to the post of V.R.O. in Adilabad District was taken up by publishing a notification on 07.12.2011. The 1st respondent, who is a visually disabled person, submitted an application. In the selection process, she was successful and otherwise entitled to be issued orders of appointment. However, on the ground that she cannot discharge the functions of V.R.O., being 100% visually disabled, the 1st petitioner refused to issue orders of appointment. The 1st respondent pleaded before the Tribunal that the petitioners are under obligation to implement the provisions of the Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1995 (for short 'the Act') and the post of V.R.O. was not exempted from the purview of the Act.

(3.) The petitioners opposed the O.A. They relied upon a memo, dated 03.01.2011, wherein, the issue pertaining to the reservation in favour of visually handicapped persons for the post of V.R.O. was dealt with and a decision was taken not to provide reservation, in view of the requirements under Rule 9 (2) (ii) (b) of the A.P. Village Revenue Assistant Service Rules, 2005.