WP/34172/2011 of K. Prasad Vs APSRTC. on 30 December 2011

Arguments

ORDER:

This writ petition is filed seeking issuance of writ ofmandamus, declaring the action of the respondent in notproviding alternate job, as illegal, arbitrary and unjust andconsequently direct the respondent to provide alternatejob/post to the petitioner as directed by the Medical Boardand consequently pay the salaries with effect from14.08.2010 to till date.

Heard learned counsel for the petitioner and learnedStanding Counsel for the respondent-Corporation. The facts of the case, in brief, are:- The petitioner was appointed as Driver in 1991 inthe respondent-Corporation. The 3[rd] respondent directedhim to undergo periodical medical examination inAPSRTC Hospital, Tarnaka. After examination, he wasdeclared unfit for Driver duties on 14.08.2010. On20.01.2011, the petitioner was referred to the Departmentof Psychiatry in the NIMS Hospital for re-examination.After re-examination in NIMS Hospital, he was declaredunfit for driving heavy vehicles, however, the medicalauthorities suggested for allocating lighter duties. Thereafter, the APSRTC Tarnaka Hospital issued a letterdated 20.06.2011 to the 3[rd] respondent stating that the petitioner is unfit for driver duties. The petitioner wasagain subjected to Medical Board on 20.10.2011. Afterthe said Medical Board, no action was taken. Thepetitioner is out of employment since 14.08.2010 as he isnot fit for driver duties and further he was not entrustedany alternate duties as suggested by the medicalauthorities. The petitioner made a representation dated04.08.2011 to the respondents, seeking allocation ofalternate duties, and to pay salary from 14.08.2010, butno action has been taken. Aggrieved thereby, the presentwrit petition is filed.

Learned counsel for the petitioner submits that asper circulars issued by the Corporation and as per Section47 of the Persons with Disabilities (Equal Opportunities,Protection and Full Participation) Act, 1995 (for short, theAct), the petitioner is entitled for alternate employment,and as the petitioner was declared medically unfit, it ismandatory for the respondents to comply with Section 47and provide alternate employment and also pay the salarywith effect from 14.08.2010.

Learned Standing Counsel for the respondentCorporation submits that since the petitioner made arepresentation dated 04.08.2011, the respondents maybe directed to consider the said representation.

Admittedly, the petitioner was declared medicallyunfit for the driver post and was suggested for lighterduties by the medical authorities. However, the Corporation further subjected the petitioner to MedicalBoard on 20.10.2011 and there is no action from therespondents after the said Medical Board. The petitionermade a representation dated 04.08.2011 seeking wagesfrom 14.08.2010 and requested to allocate lighter duties,but the respondents have not acted upon the saidrepresentation and the petitioner is out of employmentfrom 14.08.2010 and without salary.

In view of the facts and circumstances of the case,the respondents are directed to consider the case of thepetitioner and pass necessary orders with regard toallocation of alternative duties, consequent to MedicalBoard dated 20.10.2011, and also for payment of wagesfrom the date the petitioner was not entrusted any dutiesthough he is stated to have been attending for duties,within a period of 02 weeks from the date of receipt of acopy of this order.

With the above direction, the writ petition is disposedof. There shall be no order as to costs.

30[th] December, 2011

__________________________

JUSTICE G. CHANDRAIAH

KSM