P. GOPAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri T.C. Krishnan, Learned Counsel for the Writ Petitioner and Sri K. Viswanatham, Learned Standing Counsel for APSRTC.

(2.) The prayer sought in this Writ Petition is as under:

(3.) Writ Petitioner was appointed as a Driver in the Respondent No.2 Corporation in the year 2009 at Srikalahasti Depot; that while travelling on a motorcycle as a pillion rider, the Writ Petitioner met with an accident on 14/5/2016 and had severe injuries to both the legs, including fractures; that a year later, i.e., on 4/5/2017, the District Medical Board, Chittoor Camp, which examined the Writ Petitioner, had given a finding that the Writ Petitioner is suffering from "Post Traumatic Left Lower and Right Upper Limb" and that the percentage of disability is about 59% and recommended that he can only perform any kind of work by manipulating with fingers and pulling and pushing works by sitting and works related to reading and writing (Ex.P.10); that the Writ Petitioner was once again tested by the Corporation Hospital at Tarnaka, Hyderabad on 14/6/2017, where the Medical Board has certified that the Petitioner is unfit for driving due to knee meniscal tear, foot drop" and tracitial phloor injury" (this Certificate is filed along with the Counter Affidavit); that the Corporation has fixed Rs.4,00,000.00 as Additional Monetary Benefit in lieu of alternative employment" and had paid Rs.50,000.00 on 18/6/2017; that the balance of amounts were also paid periodically on several dates; that on 26/7/2017 (Ex.P.7), the Chief Medical Officer at APSRTC Hospital, Vijayawada, had issued Proceedings to the Depot Manager, APSRTC, Srikalahasti, basing on the observations of the Medical Board that met on 25th and 26/7/2017, that the Petitioner is not only unfit to be a Driver, but, he is also unfit for all other alternate categories" as per medical standards; that based on the Proceedings issued by the Chief Medical Officer, Vijayawada dtd. 26/7/2017 (Ex.P.7), the Respondent No.2 Corporation has passed the Final Order on 21/8/2017, by holding that the Petitioner is not only unfit to be Driver but also for all other categories as per Medical Standards (Ex.P.6); that the disability of the Writ Petitioner, in fact, has got reduced considerably and his condition has significantly improved; therefore, the Petitioner has made several oral Representations to the Respondent No.2 Corporation, stating that the Additional Monetary Benefit that was received by the Writ Petitioner in lieu of alternate employment was not voluntary, inasmuch as the Respondents have taken signatures on forms/papers and therefore same may be rolled- back and provide him alternate employment because the Additional Monetary Benefit given, is not the same as alternate employment; that the Petitioner is willing to do any ground job; that one Written Representation was also given by the Writ Petitioner on 25/2/2023 (Ex.P.4) where he had stated that he had made several Representations and approached the Respondent authorities; that he had stated in the said Representation that he is fit for any ground job as he had recovered very well although he may not be able to perform the driving job; that on the oral advice of the Respondents, the Petitioner had approached the Medical Officer of the Community Health Centre, Karveti Nagaram, Chitoor District where a team of three Doctors have examined the Writ Petitioner, whereas, one of the Doctors in the team (Dr. P. Lakshmipathy, CAS Orthopedics) is an Orthopedician and they have rendered an opinion that the Petitioner is healthy and fit for desk-work (Ex.P.5); that the Petitioner has made another Representation on 14/9/2023 (Ex.P.3) to the Respondent No.2 by enclosing the Medical Certificate issued by a team of Doctors from Community Health Centre, Karveti Nagaram, Chitoor District; that as the said Representation dtd. 14/9/2023 (Ex.P.3) was not being considered by the Respondents, the Writ Petitioner has filed W.P.No.31053 of 2023; that by Order dtd. 4/12/2023 (Ex.P.2), a Learned Single Judge of this Hon'ble Court, after having considered the case of the Writ Petitioner, had disposed of the same, with a direction to the Respondents to consider the Representation dtd. 14/9/2023 (Ex.P.3) along with the Medical Certificate dtd. 24/8/2023 issued by the Medical Board; that in compliance with the Final Order dtd. 4/12/2023 in W.P.No.31053 of 2023, the District Public Transport Officer, Tirupati, had considered the Representation of the Writ Petitioner dtd. 14/9/2023 and rejected it by stating that the Proceedings of the Medical Board of the Respondent Hospital had declared him not only unfit to be driver but also unfit for any other alternate post (Ex.P.1)(impugned herein); that it is also stated in Ex.P.1 that the Judgment rendered by the Hon'ble Supreme Court in Civil Appeal No.3529 of 2017 and batch, dtd. 23/2/2017 would also apply against the Writ Petitioner as per the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Order passed by the Respondent Corporation dtd. 29/2/2024 bearing No.L1/876(01)/2024-RM(T) (Ex.P.1) is assailed by the Writ Petitioner in the present Writ Petition.