Telangana High Court
WP/15673/2004 of P. Krishna Murthy, Vs Andhra Pradesh Forest Development Corporation Limited on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 15673 of 2004 Between: P. Krishna Murthy, S/o. Sri P. Nagaiah, H.No. 5-3-426/5,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAOWRIT PETITION NO : 15673 of 2004
Between:
P. Krishna Murthy, S/o. Sri P. Nagaiah,
H.No. 5-3-426/5, Pakabanda Bazar, Khammam - 507 001.
..... PETITIONER
AND
1 Andhra Pradesh Forest Development Corporation Limited (A Government ofAndhra Pradesh Undertaking), 3rd floor,Andhra Pradesh Undertaking), 3rd floor, UNI Building, A.C. Guards, Hyderabad - 500 004. Represented by its Vice- Chairman & Managing Director.
2 Regional Manager, (Hyderabad Region), Amdhra Pradesh Forest DevelopmentCorporation Ltd.Corporation Ltd.
(A Government of Andhra Pradesh Undertaking), UNI Building, A.C. Guards,Hyderabad - 500 004.
3 Divisional Manager, (Warangal Division), Amdhra Pradesh Forest DevelopmentCorporation Ltd.Corporation Ltd.
(A Government of Andhra Pradesh Undertaking), H.No. 2-5-819, KLN ReddyColony, Subedari, Hanamkonda - 506 001.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Certiorari or any other appropriate Writ, Order or directions calling forthe records relating to Office Order NO. 243/2004 (Proceedings Ref. No. PD/1-5-49/2004/2854) dated 18-8-2004 on the file of the 1st respondent herein and quashthe same.
Counsel for the Petitioner: MR.G.RAMACHANDRA RAO
Counsel for the Respondents: MR.P.SREE RAMULU NAIDU
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ORDER:
Heard both sides and at their request the main Writ Petition itself is taken upfor disposal.
The petitioner, who has been working with the respondent Corporation, filedthis Writ Petition, inter alia, seeking to assail the impugned orders dated 18.8.2004retiring him from the service of the Corporation.
The case of the petitioner is that having regard to the paralysis with which hesuffered, he became physically weak and unable to attend regular duties, therefore,on that ground, the present impugned order is passed which is directly in the teeth ofthe mandate as contained under Section 47 of the Persons with Disabilities (EqualOpportunities, Protection and Full Participation) Act, 1995. Further it is also his casethat he has filed a representation to give any other suitable post and the same is notyet considered. Hence, the present Writ Petition.
Having heard the learned counsel appearing on either side and also onperusal of the material, it is seen that the question as to the effect of non-complianceof Section 47 of the aforesaid Act, is no longer res integra and this Court in adecision reported in SK. MOULANA VS. DM, APSRTC, BANSWADA DEPOT,NIZAMABAD, held that the same is mandatory. In the circumstances, one is entitledto the benefit as conferred there under.
In this case, the case of the petitioner is not considered for providingalternative employment or even other alternatives as provided under law. In thecircumstances, the impugned order is set aside and the matter is remitted back to therespondents for fresh consideration and disposal in accordance with law after givingnotice to the petitioner and also taking into consideration the representation filed by ka ______________
30.12.2004
To
1 Andhra Pradesh Forest Development Corporation Limited (A Government ofAndhra Pradesh Undertaking), 3rd floor,Andhra Pradesh Undertaking), 3rd floor, UNI Building, A.C. Guards, Hyderabad - 500 004. Represented by its Vice- Chairman & Managing Director.
2 Regional Manager, (Hyderabad Region), Amdhra Pradesh Forest DevelopmentCorporation Ltd.Corporation Ltd.
(A Government of Andhra Pradesh Undertaking), UNI Building, A.C. Guards,Hyderabad - 500 004.Hyderabad - 500 004.
3 Divisional Manager, (Warangal Division), Amdhra Pradesh Forest DevelopmentCorporation Ltd.Corporation Ltd.
(A Government of Andhra Pradesh Undertaking), H.No. 2-5-819, KLN ReddyColony, Subedari,Colony, Subedari, Hanamkonda - 506 001.
4. 2 CD copies.