WP/27926/2005 of B.V.S.S.N.M.Rao, Vs Andhra Pradesh State Road Transport Corporation on 30 December 2005

ORDER:

The petitioner challenges the order, dated 28.09.2005, through which he wasretired from service on medical grounds. The petitioner states that if he is foundto be medically unfit, he is entitled to be extended the benefit under theprovisions of the Persons With Disabilities (equal opportunities, protection ofrights and full participation) Act, 1995 (for short ‘the Act’) or other benefitsunder the Circulars issued by the Corporation.

Heard the learned counsel for the petitioner and the learned Standing Counselfor the respondents.

It is true that the impugned order does not refer to any of the benefits, be itunder the Act or the Circulars issued by the Corporation. The circumstances,under which such an omission has taken place, are not before this Court. TheService Regulations of the Corporation provide for an alternative remedy ofappeal to the Divisional Manager. The petitioner can avail the same, and the appellate authority would be in a better position to appreciate the matter fromthe factual as well as the legal aspects.

Hence, the Write Petition is disposed of, leaving it open to the petitioner to workout his remedies by filing an appeal before the Divisional Manager. If the appealis presented by the petitioner, it shall be disposed of within a period of three (3)months from the date of presentation of the same. There shall be no order as tocosts.

Jsu

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30.12.2005