APHC010120572019 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5318 OF Between: 1. R DEMUDU BABU, DRIVER, H.NO 1-86, KOTTHA ALUGUBILLI VILLAGE AND POST, S.KOTA MANDAL, VIZIANAGARAM DISTRICT 1. THE STATE OF AP, REP.BY THE PRINCIPAL SECRETARY (TRANSPORT), SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRE TOR. PANDIT NEHRU BUS STATION, VIJAYAWADA 3. THE CHIEF MEDICAL OFFICER, REPRESENTING MEDICAL BOARD, A.P.S.R.T.C.HOSPITAL, VIJAYAWADA 4. THE DEPOT MANAGER, A.P.S.R.T.C. S.KOTA DEPOT, VIZIANAGARAM DISTRICT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, or order or direction more particularly one in the nature of wri No.P1/468(5)/2017-SKT dated 17.04.2018 retiring the petitioner from service on medical grounds with effect from 28.03.2018, is unjust, arbitrary contrary to the Rights of persons with Disabilities Act, 2016, d 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5318 OF 2019 BABU, S/O SATYAM, AGED 47 YEARS, E.459953, 86, KOTTHA ALUGUBILLI VILLAGE AND POST, S.KOTA MANDAL, VIZIANAGARAM DISTRICT -535250 ...PETITIONER AND THE STATE OF AP, REP.BY THE PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRE TOR. PANDIT NEHRU BUS STATION, THE CHIEF MEDICAL OFFICER, REPRESENTING MEDICAL BOARD, A.P.S.R.T.C.HOSPITAL, VIJAYAWADA THE DEPOT MANAGER, A.P.S.R.T.C. S.KOTA DEPOT, VIZIANAGARAM DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, or order or direction more particularly one in the nature of writ of Mandamus declaring that the Office Order SKT dated 17.04.2018 retiring the petitioner from service on medical grounds with effect from 28.03.2018, is unjust, arbitrary contrary to the Rights of persons with Disabilities Act, 2016, discriminatory in violation IN THE HIGH COURT OF ANDHRA PRADESH [3207] THURSDAY,THE THIRTIETH DAY OF APRIL THE HONOURABLE SMT JUSTICE V.SUJATHA S/O SATYAM, AGED 47 YEARS, E.459953, 86, KOTTHA ALUGUBILLI VILLAGE AND POST, ...PETITIONER THE STATE OF AP, REP.BY THE PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRE TOR. PANDIT NEHRU BUS STATION, THE CHIEF MEDICAL OFFICER, REPRESENTING MEDICAL BOARD, THE DEPOT MANAGER, A.P.S.R.T.C. S.KOTA DEPOT, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, or order or direction more particularly t of Mandamus declaring that the Office Order SKT dated 17.04.2018 retiring the petitioner from service on medical grounds with effect from 28.03.2018, is unjust, arbitrary contrary iscriminatory in violation 2 of Article 14 and Article 21 of the Constitution of India, set aside the same and consequently direct the Respondents to provide suitable alternative post of Record Tracer/ Shramik to the petitioner as per Section 20 (4) of the Rights of Persons with Disabilities Act,2016, duly protecting the pay scale of the post of Driver with all consequential service benefits including payment of salary for the interregnum period, in the interest of justice and fair play IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim direction to the Respondents to direct the petitioner to the Government Medical Board at Government Hospital. Vizianagaram to determine the medical fitness of the petitioner for alternative post of Record Tracer/ Shramik, pending disposal of the writ petition IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in I.A.No. 1/2019 in WP.No. 5318/2219 dated 02-11-2022 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the above Writ Petition and pass Counsel for the Petitioner: 1. K KOUTILYA Counsel for the Respondent(S): 1. 2. K SRINIVASA PRASAD SC For APSRTC 3. GP FOR TRANSPORT The Court made the following: 3 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5318 OF 2019 ORDER:- This Writ Petition is filed questioning the action of the Respondents in issuing Office Order No. P1/468(5)/2017-SKT, dated 17.04.2018 in retiring the Petitioner from service on medical grounds will effect from 28.03.2018 as illegal and arbitrary. 2. The precise of the Petitioner is that he was appointed as contract driver on 27.01.2012 and regularized on 01.09.2014. In the month of November, 2017, the Petitioner has undergone surgery at NRI General Hospital, Mangalagiri for low back pain due to lumbar spondylosis. The Petitioner was directed for medical examination and Medical Officer, APSRTC Dispensary, Vizianagaram has opined that the Petitioner due to paresthetica and low back pain and lumbar spondylosis, undergone disectomy laminectomy and referring to the opinion of Neurologist of Queen’s NRI Hospital, Visakhapatnam declared that the Petitioner is ‘unfit’ for the post of driver in A-1 category vide Medical Certificate No. 018789, dated 19.03.2018. Thereafter, the Petitioner submitted a representation dated 24.03.2018 requesting to provide alternate employment as Record Tracer or Shramik as he studied Intermediate by examining suitability for alternative post. On 28.03.2018 Medical Board examined the Petitioner’s fitness for driver and declared unfit for the post of Driver in A-1 category due to Post Laminectomy 4 failed back syndrome. Aggrieved by the same, the present Writ Petition came to be filed. 3. When the matter is taken up for hearing on 02.11.2022, this Court passed the following order: “Accordingly, the application is ordered. The respondents are directed t refer the petitioner t the Government Medical Board at the Government Hospital, Vizianagaram, for determination of the medical fitness of the petitioner and thereupon, the Government Medical Board at the Government Hospital, Vizianagarm, is directed to conduct medical examination on the petitioner, determine his medical fitness, and submit a report as to whether the petitioner can discharge the duties of the post of Record Tracer/ Shramic or any other suitable post in the respondent/ Corporation, within a period of two months from the date of receipt of a copy of this order.” 4. Pursuant to the direction of this Court, the Superintendent, Government General Hospital, Vizianagaram, issue Medical Certificate, vide proceedings, dated 15.07.2025 along with Certificate issued by the three members District Medical Board stating that the Petitioner is physically and mentally fit to perform his duties in alternative post of Record Tracer/ Shramik. 5. Heard learned counsel for the Petitioner and learned Standing Counsel for the Respondents/ Corporation. 6. Learned Standing Counsel for the Respondents/ Corporation has furnished a copy of G.O.Ms.No.58 Transport, Roads and Buildings (PTD.I), Department, dated 26.12.2025 issued by Government of Andhra Pradesh, wherein Clause 8(B) deals with in case of Employees found medically unfit, 5 falling under disabilities/ diseases other than 21 specified disabilities, which extracted hereunder: 8…. A)…… B) In case of Employees found medically unfit, falling under the 21 disabilities specified in the RPWD Act 2016: i) To provide alternative posts in the cadres of (i) Conductor (ii) Record Tracer (iii) Asst. Mechanic/ Shramik in AP Public Transport Department (APPTD), subject to fulfilling the eligibility criteria, physical and medical standards prescribed for such alternative posts and availability of vacancies. ii) If they are found unfit for the alternative posts offered in APPTD, they may be provided alternative posts in other Government Departments by the Districts Collectors. iii) If they are found unfit for the alternative posts offered by the District Collectors in other Government Departments or express unwillingness to take up any of the alternative posts either in APPTD or in other Government departments, they shall be retired from service with payment of the prescribed monetary compensation. a) as per Regulation 6(A) 5(b) of APSRTC Employees’ (Service) Regulations to the Drivers; and b) as per Regulation 6(A) 5(a) of APSRTC Employees’ (Service) Regulations to other categories of employees. 7. In view of the same, learned Standing Counsel for the Respondents would contend that the Respondents/ Corporation is ready to consider the case of the Petitioner in terms of clause 8(B) of G.O.Ms.No.58, dated 26.12.2025 by providing an alternative employment. 8. Recording the said submissions, this court is inclined to dispose of the Writ Petition, while directing the Petitioner to submit representation afresh 6 with a request to consider his case for any suitable alternative post by duly enclosing the Medical Certificate issued by the Medical Board along with G.O.Ms.No.58, dated 26.12.2025, within a period of two (02) weeks from the date of receipt of a copy of this order. On such submission, the Respondents are directed to consider the case of the Petitioner in terms of clause 8(B) of G.O.Ms.No.58, dated 26.12.2025 as expeditiously as possible, preferably within a period of eight (08) weeks thereafter. 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 30.04.2026 KK