APHC010457722018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21447/2018 Between: 1. M.RAJESWARA RAO, S/O PULLAIAH, 47 YEARS, E.369299, CONDUCTOR, H.NO.1-330, CHATTARAI VILLAGE AND POST, CHATTARAI, KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH REP BY THE PRINCIPAL SECRETARY, (TRANSPORT), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BYMANAGING DIRECTOR. PANDIT NEHRU BUS STATION, VIJAYAWADA. 3. THE REGIONAL MANAGER A P S R T C, KRISHNA REGION, VIJAYAWADA. 4. THE MEDICAL BOARD, REP. BY CHIEF MEDICAL OFFICER, A.P.S.R.T.C. HOSPITAL, VIDYADHARAPURAM, VIJAYAWADA. 5. THE DEPOT MANAGER A P S R T C, TIRUVURU DEPOT, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. A G SATYANARAYANA RAO Counsel for the Respondent(S): 1. SANISETTY VENKATESWARLU SC FOR APSRTC 2. GP FOR TRANSPORT (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... a writ of Mandamus, declaring that the office order No. E2/468(01)/2017-TVR dated 30.10.2017 retiring the petitioner from service on medical grounds with effect from 10.10.2017, is unjust, arbitrary, contrary to the Rights of persons with Disabilities Act, 2016, discriminatory, in violation 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 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 Conductor with all consequential service benefits including payment of salary for the interregnum period, in the interest of justice and fair play.” 2. Sri A.G.Satyanarayana Rao, learned counsel for the Petitioner and Sri Sanisetty Venkateswrlu, learned Standing Counsel for APSRTC. 3. Learned counsel for the Petitioner would submit that, while the Petitioner was attending his duty as Conductor, he met with an accident and sustained injuries. Thereafter, he was provided with alternative employment for a period of three months and later, he was declared as medically unfit for the post of Conductor as also for any other post. He would submit that as per the provisions of Section 47(1) of the Persons with Disabilities Act, 1995, and Section 20(4) of the Rights of Persons with Disabilities Act, 2016, which are pari meteria, the Petitioner is entitled for alternative employment and for all consequential benefits since his disability is covered under Section 2(i) of the old Act of Rights of Persons with Disabilities Act, 2016 and now, the definition of ‘disabilities’ is widen. Learned counsel further submits that the Petitioner may be directed to attend the District Medical board to examine his fitness to attend any job and in case, he is found to be ineligible, the Respondents may be directed to provide alternative employment with all consequential benefits from the date of his retirement. 3 4. On the other hand, learned Standing Counsel for the respondent- Corporation would submit that the Court may pass appropriate orders and in case, if he is found eligible, the authorities of the Respondent-Corporation are ready to oblige the directions of this Court. 5. In that view of the matter, this Writ Petition is disposed of directing the Petitioner to appear before the District Medical Board for examination of his fitness to attend any alternative employment in the Respondent-Corporation. (ii) The Superintendent, District Medical Board, Vijayawada, is directed to issue notice to both the parties, fixing the date and time for examination of the Petitioner and then issue the report to the Respondent- Corporation by furnishing a copy of the Petitioner. (iii) In case, the Petitioner is found ineligible for alternative employment, the Respondent authorities are directed to provide alternative employment to the Petitioner with all consequential benefits in the light of Section 20(4) of the Rights of Persons with Disabilities Act, 2016. (iv) Registry is directed to communicate the copy of this Order to the Superintendent, Government Hospital, Vijayawada, for compliance. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.04.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21447 of 2018 Dt.08.04.2025 Dinesh