APHC010440882012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10488/2012 Between: V.s.a. Salam, ...PETITIONER AND The Apsrtc and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) The Court made the following Order: The petitioner is challenging the proceedings dated 22.05.2007, whereby the respondents have retired the petitioner from service on medical grounds. 2. The petitioner was working as a driver and was found to have defective vision in the regular medical examination. Considering the vision defect the respondents passed proceedings dated 22.05.2007, retiring the petitioner on medical grounds. The present writ petition is filed challenging the inaction of the respondents in providing alternative employment by invoking Section 47 of the 2 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In this regard, the petitioner submitted a representation dated 10.10.2009. It is also submitted that the petitioner accepted the additional monetary benefit provided in view of the employment. The present writ petition is filed seeking a direction to the respondents to continue the petitioner in any alternative post, such as helper/cleaner/shramik, under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and by recovering the dues from the petitioner’s monthly salary. 3. The order of retirement on medical invalidation passed in the year 2007 was sought to be challenged in the year 2012 and also seeking an alternative employment. 4. This Court recording that the petitioner was aged 53 years as on that date and whether benefit under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, could be given to the petitioner was to be considered. It was also held that the petitioner would not be entitled for any other benefit from the year 2007 till the filing of the writ petition. This Court, on 17.09.2012, granted interim directions. 3 5. The learned Standing counsel for the respondents submits that the petitioner has accepted the additional monetary benefits in view of alternative employment under the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It is also submitted that the petitioner accepted the retirement benefits, including additional monetary benefits, soon after his medical retirement on 22.05.2007. The petitioner, after lapse of five years, cannot now turn around and seek employment. It is further submitted that the petitioner has not come forward with any payment for refunds the amounts received towards additional monetary benefits and in the absence of the same, the claim of the petitioner was not considered. During pendency of the writ petition the petitioner, the petitioner has attained the age of superannuation. Once the petitioner has accepted the additional monetary benefits in view of the alternative employment, the petitioner cannot be permitted to turn around after the lapse of five years and claim alternative employment. The scheme emphasized providing additional monetary benefits for employees retiring on medical grounds. This is a beneficial provision extended by the respondents to the employees of the corporation. The said scheme cannot be permitted to be watered down by the actions of the employees, who, after accepting the 4 additional monetary benefits, return after five years and seek reinstatement or alternative employment under the pretext of refunding the amounts received under the additional monetary benefits. 6. With these observations, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 08.01.2025 NKA 5 386 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.10488 of 2012 Date: 08.01.2025 NKA