APHC010057372023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2937/2023 Between: 1. S RAMESH, S/O VEERAIAH, AGED 32 YEARS, OCC. DRIVER, R/O AMBUVARIPALLI VILLAGE, H/O GORANTLAPALLI VILLAGE, K.V. PALLI MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, RTC X ROADS, MUSHEERABAD, HYDERABAD. 2. THE REGIONAL MANAGER, APSRTC, TIRUPATHI. 3. THE DEPOT MANAGER, KUPPAM DEPOT, CHITTOOR DISTRICT. 4. STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY TO GOVT., TRANSPORT DEPARTMENT, SECRETARIAT, VELAGAPUDI. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings no. T3/785(WP-11)2017-RM(T) dated 18.08.2022 of the 2nd respondent thereby held that the petitioner unfit for the of Driver and all other A-1 categories and holding that the petitioner shall retire on medical grounds mandatorily due to colour blindness, as illegal, irregular, arbitrary, contrary to the provisions of the Rights of Persons 2 with Disabilities Act, 2016 and violative of articles 14 and 21 of Constitution of India and consequently suspend the proceedings of the 2nd respondent in T3/785(WP-11)2017-RM(T) dated 18.08.2022 and to pass such other order. IA NO: 1 OF 2023 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 suspend the proceedings no. T3/785 (WP-11) 2017-RM (T) dated 18.08.2022 of the 2nd respondent pending disposal of the above writ petition and to pass such other order. IA NO: 2 OF 2023 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 leave to file the counter affidavit in W.P.No.2937/2023 and pass such other order. IA NO: 1 OF 2025 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 may be pleased to grant an interim direction to the Respondents 2 and 3 to direct the petitioner to the Government Medical Board at Government Hospital, Tirupathi to determine the medical fitness of the petitioner for alternative post of Record Tracer/ Shramik pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. KODATI RAMYA KRISHNA Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 2. GP FOR SERVICES II 3 WRIT PETITION NO: 26738/2024 Between: 1. R RAM SHEELA NAIK, S/O R.KIRA NAIK, AGED ABOUT 53 YEARS, OCC DRIVER, STAFF NO. 426921, R/O D.NO.1-294/ 7-3, NGO COLONY, BANAGANAPALLE, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRL SECRETARY, TRANSPORT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE MANAGING DIRECTOR, ANDHRA PRADESH PUBLIC TRANSPORT DEPARTMENT, VIJAYAWADA BUS STAND, PNBS, VIJAYAWADA, KRISHNA DISTRICT. 3. THE EXECUTIVE DIRECTOR, A.P. PUBLIC TRANSPORT DEPARTMENT, CUDDAPAH , A.P. 4. THE DISTRICT PUBLIC TRANSPORT OFFICER, DISTRICT PUBLIC TRANSPORT OFFICE, NANDYAL, NANDYAL DISTRICT. A.P. 5. THE DEPOT MANAGER, A.P. PUBLIC TRANSPORT DEPARTMENT, BANAGANAPALLE, NANDYAL 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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th respondent herein in issuing the Impugned Office Order dt.24-04-2024 bearing No.E1/693 (05)/2024-BPL in retiring the petitioner herein from service on Medical Grounds, instead of providing the alternative employment as being illegal, arbitrary, discrimination, unjust and article 14 and 16 of constitution of India and contrary to Section 20 (4) of the Rights of Persons with Disabilities Act, 2016 and consequently set aside the same and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case. 4 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 suspend the Impugned Officer Order dt.24-04-2024 bearing No. E1/693 (05)/2024-BPL issued by the 5th respondent herein while providing alternative job to the petitioner herein pending disposal of the main Writ Petition, in the interest of justice and to pass such other order. IA NO: 1 OF 2025 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 may be pleased to grant leave to file the counter affidavit in W.P.No.26738/2024 and pass such other order. Counsel for the Petitioner: 1. J JANAKIRAMI REDDY Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 2. GP FOR SERVICES II WRIT PETITION NO: 25756/2025 Between: 1. K.V.RATHNAIAH,, E-515535, APSRTC MECHANIC, S/O. SUBBA RAMAIAH, AGED 56 YEARS, GUDUR DEPOT R/O.D.NO.10-365, JHANSI NAGAR, NEW COLONY, BB NELLORE, NELLORE DISTRICT, AP. ...PETITIONER AND 1. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, TRANSPORT, R AND B DEPARTMENT, SECRETARIAT, AMARAWATHI, VELAGAPUDI, KRISHNA DISTRICT, AP. 2. THE A P S R T C, REP BY ITS MANAGING DIRECTOR, PNBS, VIJAYAWADA,KRISHNA DISTRICT, AP. 5 3. THE REGIONAL MANAGER/DPTO, , A.P.S.R.T.C., NELLORE REGION, NELLORE DISTRICT, AP. 4. THE DEPOT MANAGER, A.P.S.R.T.C., GUDUR DEPOT, NELLORE DISTRICT, AP ...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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in retiring the petitioner from service on medical grounds vide Proc.No.E1/756(16)/2025- GDR, Dt.18-07-2025, and not providing suitable alternate job to the petitioner as per the provisions of the persons with disabilities (Equal opportunities protection of rights and full participation) Act 1995, unjust and arbitrary, violative of Art 14, 16 and 21 of the constitution of India, contrary to AP CCA Rules, violative of APSRTC Regulations, and as such direct the respondents to pay the arrears of salary from 18-07-2023 to till reinstatement as Record Tracer or Mike Announcer, with all consequential benefits by treating the period from the date of his unfit on medical grounds to the date of providing suitable alternate employment as on duty for all purposes forthwith and pass such other order. IA NO: 1 OF 2025 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 Direct the respondents herein to provide suitable alternate Job like Record Tracer/Mike announcer in Gudur Depot forthwith, by suspending the Retirement Proc. No.E1/756(16)/2025-GDR, Dt.18-07-2025., pending disposal of the W P, and pass such other order. Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 2. GP FOR SERVICES II 6 WRIT PETITION NO: 28776/2025 Between: 1. CHINTA PULLESWARA RAO, , S/O RAMA RAO AGED ABOUT 56 YRS, OCC DRIVER (E-357671), APSRTC VUYYURU DEPOT, R/O 1-246/2, KRISHNAPURAM, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT - 521250. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO TRANSPORT DEPARTMENT SECRETERIAT, VELAGAPUDI , AMARAVATHI - A.P- 522241. 2. THE ANDHRA PRADESH ROAD TRANSPORT CORPORATION / APPTD, REPRESENTED BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR ,PANDIT NEHRU BUS STATION, VIJAYAWADA, NTR DISTRICT, OLD KRISHNA DISTRICT - 520001. 3. THE EXECUTIVE DIRECTOR A, APSRTC (APPTD), 1ST FLOOR, PANDIT NEHRU BUS STATION, VIJAYAWADA, NTR DISTRICT, OLD KRISHNA DISTRICT - 520001. 4. THE DEPOT MANAGER, APSRTC VUYYURU DEPOT, KRISHNA DISTRICT, ANDHRA PRADESH - 521165. ...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 order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 3rd Respondent in not considering the representations of the petitioner dated 27.03.2025 and 19.05.2025 even after the revised medical checkup in LV Prasad Eye Institute and made petitioner as a medical Retirement high-handedly without following due process of Law as illegal arbitrary and unconstitutional and violation of articles 14 and 21 of the Constitution of India by the way of violating the principles of Natural Justice and consequently direct the 2nd Respondent to continue the Petitioner as a Driver in Vuyyuru APPSRTC Depot with Employee ID- E-357671 or provide the alternate employment for the petitioner by the way of suspending the impugned proceedings with Lr.No.P 1/469 (02)/2024-VYR dated 12.11.2024. 7 IA NO: 1 OF 2025 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 direct the 2nd Respondent to continue the Petitioner as a Driver in Vuyyuru APPSRTC Depot with Employee ID- E-357671 or provide the alternate employment for the petitioner by the way of suspending the impugned proceedings with Lr.No.Pl/469 (02)/2024-VYR dated 12.11.2024. Counsel for the Petitioner: 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES II WRIT PETITION NO: 31724/2025 Between: 1. P MADHUSUDHAN REDDY, S/O P ROSI REDDY, AGED ABOUT 56 YEARS, OCC-CONDUCTOR, APSRTC, ENO. 405713, PUTTAPARTHI DEPOT, HINDUPUR DIVISION, ANANTHAPUR DISTRICT, R/O.H.NO.4348, UPSTAIRS VENKATESHWARA SWAMY STREET, PULIVENDULA, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINICIPAL SECRETARY, ROADS AND TRANSPORT DEPARTMENT, SECRETARIAT BULIDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE ANDHRA PRADESH ROAD TRANSPORT CORPORATION, REP. ITS CHIEF MANAGER AND BOARD SECRETARY, APSRTC, BOARD SECRETARY, RTC HOUSE, VIJAYAWADA, KRISHNA DISTRICT 3. THE STATE ANDHRA PRADESH, ROAD TRANSPORT CORPORATION, REP. ITS PERSONAL OFFICER, APSRTC, ANANTHAPUR RTC DEPOT, ANANTHAPUR DISTRICT. 8 4. THE STATE ANDHRA PRADESH ROAD TRANSPORT CORPORATION, REP. ITS DEPOT MANAGER, APSRTC, PUTTAPARTHI DEPOT, HINDUPUR REGION, ANANTHAPUR 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, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents to forthwith provide alternative employment to the petitioner by duly considering the representation of the petitioner dated 19.07.2023 and 20.07.2023 in terms of the order of this Hon’ble Court dated 02.12.2022 passed in W.P. No. 5677 of 2021 with all consequential service, monetary benefits and back wages with continuity of service and to pass such other order. IA NO: 1 OF 2025 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 direct the respondents to forthwith consider the representation of the petitioner dated 19.07.2023 and 20.07.2023 in terms of the orders of this Hon’ble Court dated 02.12.2022 passed in W.P. No. 5677 of 2021 for providing alternative suitable employment to the petitioner with all consequential service, monetary benefits and back wages with continuity of service pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. SATISH SANDU Counsel for the Respondent(S): 1. GP FOR SERVICES II 9 WRIT PETITION NO: 33850/2025 Between: 1. G SIVA PRASAD, S/O KOTI NAGULU AGED 51 YEARS, OCC- DRIVER- 727507, C/O. REPALLE DEPOT, APSRTC, BAPATIA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT AND ROADS AND BUILDING DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR CUM VICE-CHAIRMAN, PANDIT NEHRU BUS STATION, VIJAYAWADA. 3. THE CHIEF MANAGER P AND BOARD SECRETARY, APSRTC VIJAYAWADA, N.T.R. DISTRICT. 4. THE DEPOT MANAGER, APSRTC, REPALLE DEPOT, BAPATIA 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 topleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in issuing proceedings Case No. E1/693(1)/2024-RPL dated 31.07.2024, retiring the petitioner from service on medical grounds w.e.f. 27.02.2024, and the consequential rejection order issued by the 3rd respondent in PGRS-BPT2025110 7332 dated- 13.11.2025, without considering the alternative employment as per the Section 20 (4) of the Rights of persons with Disabilities Act, 2016 and section 47 of the Persons with Disability (Equal Opportunities, Protection of Rights and Full participation) Act, 10 1995 as illegal, arbitrary, violative of Articles 14, 16, 21 and 300-A of the Constitution of India, contrary to the principles of natural justice and consequently set aside the said proceedings dt. 31.07.2024 and rejection order dt.13.11.2025 and consequently direct the respondents to provide the petitioner with suitable alternative employment commensurate with his medical fitness in APSRTC / State service by treating him as in continuous service, with all consequential service and monetary benefits and pass such other order. IA NO: 1 OF 2025 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 direct the respondents to forthwith consider the case of the petitioner for reinstate the petitioner into service for providing alternative appointment in any existing available vacancies by suspend the operation of the impugned proceedings issued by the 4th respondent in Case No.E 1/693(1)72024-RPL dated 31.07.2024, and the consequential rejection order of the 3rd respondent in PGRS- BPT20251107332, pending disposal of the Writ Petition, and pass such other order. Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 11 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.2937 of 2023, 26738 of 2024, 25756, 28776, 31724 and 33850 of 2025 COMMON ORDER: 1. The common issue in all the Writ Petitions is with regard to retirement of the Petitioners on medical grounds and not providing suitable alternative jobs to the Petitioners in terms of the provisions of Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, as illegal and arbitrary. 2. This Court having noticed the same in several cases of this nature had directed the Respondent-Corporation to provide information regarding all claims for alternative employment pending as on that date with the Respondent-Corporation, pertaining to persons who have been retired on medical grounds so as to find a lasting solution. 3. Pursuant thereto, the Managing Director of A.P.S.R.T.C was present before this Court on 07.11.2025 and furnished information stating that 682 claims of persons, who have retired on medical grounds, were raised with the Respondent-Corporation. Out of the same, 503 claims are pending, 28 persons are given employment, 5 employees were given alternative medical benefit and 9 dependents 12 of retired employees are given employment, while 137 cases of employees are under consideration by the Government. It was also informed to the Court that in the light of the Respondent-Corporation having taken over by the Government, there is no recognized mechanism to provide monetary benefits in lieu of alternative employment for persons, who have been retired on medical grounds. 4. As per Regulation 6-A of the Andhra Pradesh State Road Transport Corporation (APSRTC) Employees’ Service Regulations, 1969, certain additional monetary benefits were provided for the persons, who have been retired on medical grounds. Pursuant to taking over of Andhra Pradesh State Road Transport Corporation (Absorption of Employees into Government Service) Act, 2019 (Act 36 of 2019), the Regulations are no longer in vogue as employees are governed by the Rules framed for the State Government Employees. In the Rules framed for State Government Employees, there is no provision akin to Regulation 6-A of the Service Regulations referred above. 5. It is brought to the notice of this Court that the re-enactment of Regulation 6-A of the APSRTC Employees’ Service Regulations, 1969 or provision akin thereto is under active consideration at the Government level, considering the increasing number of claims of 13 individuals who have been retired on medical grounds from the APSRTC. 6. Considering the number of claims for additional monetary benefits/Compassionate Appointment pending before the APSRTC, this Court called upon the Principal Secretary, Transport, R & B Department, Secretariat, Amaravati to explain the status of the revival of Regulation 6-A of the Regulations of the erstwhile APSRTC Service Regulations with regard to additional monetary benefit. Pursuant thereto, the Principal Secretary, Transport, R & B Department appeared through virtual mode on 27.11.2025 and stated that the issue regarding additional monetary benefit and alternative employment to the employees of APSRTC under Regulation 6-A(5)(b) is under active consideration and a concrete proposal would be crystallized at the earliest. 7. Today i.e., on 29.12.2025, the Principal Secretary, Transport, R & B Department, Secretariat, Amaravati appeared through virtual mode and stated that the Government had issued G.O.Ms.No.58, Transport, Roads and Buildings (PTD.1) Department, dated 26.12.2025 reviving the additional monetary compensation for individuals who have been retired on medical grounds. A copy of the 14 same was passed on to the Court by the learned Government Pleader appearing for the Respondents. 8. The relevant portion of the said G.O., reads as under; “8. In pursuance of the above orders of the Hon'ble High Court, based on the detailed deliberations and also after careful examination of the proposal of the Commissioner, Public Transport Department in the letter 8th read above, and taking into account (i) the welfare of medically unfit employees, (ii) the organizational operational requirements, and (iii) the statutory obligations under the RPWD Act, 2016 and Public Safety, Government hereby issue the following orders for dealing with the cases of medically invalidated drivers, conductors and other staff in APPTD who were retired on medical grounds after 01.01.2020 i.e. absorption of APSRTC employees into Government: A) In case of Employees found medically unfit, falling under the disabilities/diseases other than 21 specified disabilities: i. To retire the employees who are found medically unfit as per APSRTC Medical standards, for the medical conditions other than the 21 disabilities specified in the Schedule to the Section 2(zc) of RPwD Act, 2016. Such employees shall be paid Monetary Compensation. a) as per Regulation 6(A) 5(b) of APSRTC Employees' (Service) Regulations to the Drivers; and 15 b) as per Regulation 6(A) 5(a) of APSRTC Employees' (Service) Regulations to other categories of employees. 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. C) To continue the existing system of Periodical Medical Examinations (PME) to assess the suitability of employees for their respective posts as per APSRTC Medical Standards 16 and to authorize APSRTC (APPTD) Medical Officers/Medical Board to certify their medical fitness or unfitness based on the PME result. D) To implement the above procedure for all the AP Public Transport Department employees, including those who were already declared medically unfit and retired from service w.e.f., 01.01.2020.” 9. It is pointed out that no time frame has been fixed for payment of monetary compensation to the individuals, who are opting for additional monetary compensation. 10. Considering the submissions of the counsels, the Writ Petitions are disposed of with the following directions; (i) The Petitioners shall exercise their option in terms of G.O.Ms.No.58, Transport, Roads and Buildings (PTD.1) Department, dated 26.12.2025 within a period of eight (8) weeks from the date of receipt of a copy of this order; and (ii) on receipt of the same, the Respondent-State shall process the claims for additional monetary compensation in lieu of alternative employment, as expeditiously as possible, preferably within a period of three (3) months there from; 17 (iii) The individuals claiming alternative employment shall be considered within a period of six (6) months from the date of receipt of a copy of this order, subject to the availability of vacancies; (iv) No costs. 11. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 29.12.2025 IS 18 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.2937 of 2023, 26738 of 2024, 25756, 28776, 31724 and 33850 of 2025 Dated: 29.12.2025 IS