APSRTC MUSHEERABAD Vs. B SAILOO

JUDGEMENT

(1.) THE Andhra Pradesh State Road Transport Corporation, Hyderabad (in short "the Corporation) is in appeal against the order of the learned Single Judge in W.P. No. 7408 of 2007.

(2.) THE respondent -writ petitioner was appointed as a driver on 25.04.1983 and was confirmed as Driver Grade -II with effect from 12.02.1990. The respondent on reaching the age of 45 years was referred to medical board and was declared to be unfit for Al category due to defective vision. On medical examination the Medical Board had found him fit for X category i.e., the post of Cleaner and accordingly a certificate was issued on 12.01.1996. The respondent was kept on long leave from 12.06.1995 to 13.10.1995 and he was kept in waiting list to be appointed as Cleaner. As there was inordinate delay in considering his case, the respondent approached this Court by filing W.P. No. 21137 of 1998, seeking a direction to the Corporation to provide alternative employment. In view of the statuary provision given under Section 47 of Persons with Disabilities (Equal Opportunities & Full Participation) Act, 1995 (in short "the Act"), the above Writ Petition came to be allowed on 19.12.2003 and in pursuant to the direction given in the Writ Petition, on 11.06.2004 he was directed to undergo medical examination and the Medical Board found him fit for X2 category and accordingly issued a certificate on 19.06.2004. Eventually, he was given appointment as Shramik on 19.06.2004. On reaching the age of superannuation, the respondent was also retired on 31.03.2006. He approached this Court aggrieved by the denial by the appellant, of the emoluments, as per his entitlement for the period between 12.01.1996 and 19.06.2004. The Writ Petition came to be allowed, against which the Corporation is in appeal.

(3.) ON the other hand the learned counsel for the respondent Sri M.V. Raja Ram would submit that under Section 47 of the Act, it is the bounden duty of the Corporation to provide alternative employment and further Section 47 of the Act also mandates the Corporation to pay, pay & allowances as he was drawing on the day as he being declared as medically unfit. He would pray for dismissal of the Writ Appeal.