J. BALAGANGADHARA REDDY Vs. APSRTC AND ORS.

JUDGEMENT

(1.) HEARD Sri A.G. Satyanarayana Rao, learned counsel appearing for the petitioner and Sri A. Rama Rao, learned Standing Counsel for the respondents 1 to 4 -Andhra Pradesh State Road Transport Corporation (the Corporation, for short).

(2.) THE petitioner is a driver appointed on 11 -02 -1997 on daily wage basis. His services were regularised on 01 -01 -1998. While performing duty on the bus of the Corporation, the petitioner suffered a fracture to his right leg on 25 -6 -2011 as the bus met with an accident. The petitioner took treatment for a period of 5 months at the APSRTC Hospital, Tarnaka. He was subsequently examined by the Senior Medical Officer, APSRTC Dispensary, Tirupathi and was declared unfit for the post of driver vide Medical Certificate dated 02 -12 -2011. The Senior Medical Officer, however, opined that the petitioner has to be directed to appear before the APSRTC Medical Board at Hyderabad for its opinion.

(3.) THE grievance of the petitioner is that though alternative employment was given to the him, his Pay Scale was not fixed in the cadre of Driver Grade -II and his service conditions have not been protected in the post of driver as per Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (the Act, for short). It is further submitted by him that after appointing him in the alternative post of Record Tracer, the annual increments which are required to be paid to him considering him to be in the Pay Scale of Driver Grade -II have not been paid to him. It is also submitted by him that the salary from 02 -12 -2011 the date on which he became medically unfit till 23 -4 -2013 the date of providing alternative employment was not paid to him.