Telangana High Court

WP/26607/2006 of Raman Saravan Vs Andhra Pradesh State Road Transport Corproation, on 22 December 2006

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SRI JUSTICE N.V. RAMANA Writ Petition No. 26607 of 2006 Dated: 22.12.2006 Between: Raman Saravan, Driver, E.No.360954, S/o Ramnayar, aged 49 years, R/o 5-15, Sitarampuram, Opp.S.B.H., Jaggaiahpet, Krishna District. .... PETITIONER AND The Vice Chairman and Managing Director, A.P. State Road

THE HON'BLE SRI JUSTICE N.V. RAMANA

Writ Petition No. 26607 of 2006

Dated: 22.12.2006

Between:

Raman Saravan, Driver, E.No.360954, S/o Ramnayar, aged 49 years,R/o 5-15, Sitarampuram, Opp.S.B.H., Jaggaiahpet, Krishna District.

AND

.... PETITIONER

The Vice Chairman and Managing Director, A.P. State RoadTransport Corporation, Musheerabad, Hyderabad and another.

.....RESPONDENTS

THE HON'BLE SRI JUSTICE N.V. RAMANAWrit Petition No. 26607 of 2006

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Order:

Heard the learned counsel for the petitioner and the learnedStanding Counsel for the respondents-Corporation.

The petitioner states that while he was working as driver in therespondents-Corporation, as he was declared as unfit to hold the saidpost and issued orders dated 29.06.2006 retiring him from service onmedical grounds, and not provided any alternative employment as perthe provisions of Section 47 of the Persons with Disabilities (equalopportunity, protection of rights, full participation) Act, 1995 (for short ‘theAct’), he made a representation dated 10.07.2006 requesting therespondents-Corporation to provide alternative employment, but so farno orders thereon have been passed. Hence, he filed the present writpetition.

A Division Bench of this Court in N. Siva Kumar v. APSRTC,Musheerabad, Hyderabad[1], considered similar issue and directed theauthorities to consider the case of the employee in the light of theprovisions of the Act for alternative employment. The relevant portionreads as under; “Having regard to the fact that a right hasbeen conferred upon the appellant herein under astatute, although the question raised herein has notbeen raised before the learned single Judge, we, inmodification of the order passed by the learnedsingle Judge, direct the appellant herein to file arepresentation, if not already filed, before theappropriate authority seeking the relief prayed for inthis appeal, and on receipt of such a representation,the appropriate authority may consider the case ofthe appellant in the light of the aforementionedprovisions and the decisions referred to hereinbefore, and pass an appropriate order at anearly date, preferably within a period of four (4)weeks from the date of communication of thisorder.”

In that view of the matter, I deem it appropriate to dispose of thewrit petition with the following direction.

The respondents-Corporation is directed to consider therepresentation, dated 10.07.2006, of the petitioner for providingalternative employment in view of his medical unfitness in the light of theprovisions of Section 47 of the Persons with Disabilities (EqualOpportunities, Protection of Rights and Full Participation) Act, 1995 andpass appropriate orders thereon, expeditiously.

The writ petition is accordingly disposed of. No costs.

___________________

N.V. RAMANA, J.

Date: 22.12.2006NSR/ISL

1 2001 (3) ALD 166 (DB) 2001 (3) ALD 166 (DB)

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