APHC010612952018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29367/2018 Between: Ch.Balakrishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...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: 2 Dr.VJPJ, W.P.No.29367/2018 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29367 of 2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring that the Office Order No. E1/69305/2017ATNR dated 07.04.2017 retiring the petitioner from service on medical grounds with effect from 28.03.2017 is unjust, arbitrary, contrary to the Memorandum of Settlement dated 17.12.1979 and 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 of 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 and pass…” 2. Heard Sri A.G.Satyanarayana Reddy, learned Counsel for the petitioner and Sri Sanisetty Venkateshwarlu, learned Standing Counsel for the respondent Nos.2 to 5. 3. Learned Counsel for the petitioner would submit that the petitioner was selected as Contract Driver, found fit in the medical examination vide Medical Certificate No.046638 dated 29.12.2006 and was appointed on 07.02.2007. Subsequently, the petitioner was regularized vide e-Order dated 18.03.2010. Learned Counsel would further submit that in periodical medical examination conducted on 23.01.2017, the petitioner was declared as medically unfit for the post of Driver and also for any other post due to defect in colour vision in both eyes. Learned Counsel would further submit that as per the provisions of 3 Dr.VJPJ, W.P.No.29367/2018 Section 47 of the Disabilities Act, and Section 24 of the New Act, 2016, which are in paramateria, the petitioner is entitled for alternative employment and all consequential benefits since Colour blindness being long-term sensory impairment and is covered under Section 2(i) of the Rights of Persons with Disabilities Act, 2016 and now, the definition of “disabilities” is widened. Learned counsel would further submit that the petitioner was retired from service on medical grounds vide Order dated 07.04.2017 with effect from 28.03.2017. Learned counsel would further submit that the petitioner may be directed to attend the District Medical Board to examine him to attend any job and in any 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. 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 the Court. 5. In that view of the matter, this Court deems it appropriate to direct the petitioner to appear before the District Medical Board for examination of his fitness to attend any alternative employment in the respondent-Corporation. 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 to furnish 4 Dr.VJPJ, W.P.No.29367/2018 the copy to the petitioner. In case, the petitioner is found eligible 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. Registry is directed to communicate the copy of this Order to the Superintendent, Government Hospital, Vijayawada for compliance. 6. With the above observations, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 21.04.2025 UPS 5 Dr.VJPJ, W.P.No.29367/2018 146 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29367 of 2018 Dated.21.04.2025 UPS