P. PANDAIAH Vs. APSRTC

JUDGEMENT

(1.) THE unsuccessful petitioner in W.P. No. 17252 of 2013 is the appellant. He joined the service of the APSRTC on 07.12.1979 as a Driver. In the year 2010, he was working in the Devarakonda Depot. On 29.01.12010, he was subjected to periodical medical test at the Medical Office attached to APSRTC. The Medical Officer found him to be unfit to discharge the functions of Driver due to defective vision. Taking the same into account, the appellant submitted a representation, dated 08.02.2010, to enable him to retire from service on medical grounds. The Depot Manager i.e., 2nd respondent herein referred the appellant to the Headquarters Hospital at Hyderabad through covering letter, dated 09.02.2010. On the next day itself i.e., 10.02.2010, the Headquarters Hospital confirmed the report given by the Medical Officer at Nalgonda.

(2.) COMPLAINING that despite the specific finding about his medical unfitness to continue in the post of Driver, he was not being permitted to retire from service, the appellant filed W.P. No. 32023 of 2011. The writ petition was disposed of on 27.12.2011, directing the 2nd respondent to take appropriate decision at the earliest. Since nothing was forthcoming, the appellant got issued a notice, dated 22.09.2012. Ultimately, on 15.12.2012, the 2nd respondent passed an order retiring the appellant from service with effect from 10.02.2011.

(3.) HEARD learned counsel for the appellant and learned counsel for the respondents.