/. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 47787 OF 2018 Between: Chandra Babu, S/o. I. Kasthuraiah, aged about 45 years Occ. Ex Contract Driver ID No. 947412 Tirupathi Depot, APSRTC, Tirupathi, Chittoor District ...Petitioner AND 1. The Andhra Pradesh State Road Transport Corporation, Rep by its Vice Chairman and Managing Director Vijayawada, Krishna District 2. The Andhra Pradesh State Road Transport Corporation, Rep by its Regional Manager Chittoor, Chittoor District 3. The Andhra Pradesh State Road Transport Corporation, Rep by its Depot Manager Tirupathi Depot, Tirupathi, Chittoor District ...Respondents 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 herein in terminating the petitioner from service vide Order No. P1/469(3)/2014-tpt dated 21.08.2014 without providing reasonable opportunity, which is illegal and arbitrary, contrary to all cannons of law withoul^providing alternative employment to the petitioner by holding that the petilipn^r was a contract employee, contrary to the provisions of Section 47 of tfrb persons with disability (Equal Opportunities protection of rights and full participation) Act 1995, unjust and arbitrary and as such liable to be set aside with consequently direction to pay the arrears of wages from 21.08.2014 to till reinstatement forthwith. lA NO: 1 OF 2018 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 continue the petitioner in any alternate post by suspending the Order No. P1/469(3)/2014-tpt dated 21.08.2014 forthwith, pending disposal of main writ petition. Counsel for the Petitioner: SRI. MD MUJUBYUDDIN Counsel for the Respondents: SRI ARAVALA RAMA RAO (SC FOR APSRTC KKAC) The Court made the following: APHC010991062018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0S0 [3396] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 47787/2018 Between: Chandra Babu ...PETITIONER AND The Andhra Pradesh State Road Transport Corporation and Others Counsel for the Petitioner: 1.MD MUJUBYUDDIN Counsel for the Respondent(S): 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) ...RESPONpENT(S) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in terminating the petitioner from service v/de Order No.Pl/4693/2014tpt dated 21.08.2014 without providing reasonable opportunity which is illegal and arbitrary, contrary to all cannons of law without providing alternative employment to the petitioner by holding that the petitioner was a contract employee contrary to the provisions of Section 47 of the Persons with Disability Equal Opportunities Protection of Rights and Full Participation Act, 1995 unjust and arbitrary and as such liable to be set aside with consequential direction to pay the arrears of wages from 21.08.2014 to till reinstatement forthwith in the interest of justice." 2 2. Brief facts of the case are that: i) Initially, Petitioner Corporation. Thereafter, he was appointed as a Driver in the respondent's was sent to Medical Examination on 08.07.2013 to APSRTC Dispensary, Tirupathi wherein. Doctors found the Petitioner suffering from defective colour vision. ii) Petitioner made a representation to the him to another hospital. Accordingly, respondent authorities to send he was sent to Tarnaka Hospital, Hyderabad for re-medical examination, wherein, it was found that the Petitioner had the defective colour vision. iii) Basing on the report of the Medical Board, Petitioner was terminated from the service with effect from 11.08.2014. Petitioner made a representation to the respondent authorities to provide an alternative employment Corporation considering his previous in the service and his poor financial capacity. On 21.01.2016, the request of the Petitioner was rejected. iv) On 23.04.2016, Petitioner Executive Director, APSRTC Nellore made another representation to the requesting to provide alternative employment to him and the said request was rejected. V) As per provisions of the Persons with Disabilities Protection of Rights and Full Participation) Act, medically unfit employee should be provided with (Equal Opportunities, 1995 (for short 'the Act'), the an alternate employment, but the respondent authorities rejected his request for alternate employment to him. Hence, this Writ Petition. 3. Heard Sri Md.Mujubyuddin, learned counsel for the Petitioner and Sri Aravala Rama Rao, learned Standing Counsel for respondent-APSRTC . Perused the material on record. 4. Learned counsel for the Petitioner would submit that the Petitioner was appointed as a Driver in respondent-corporation. On the ground of defective eye ;? ' vision, on medical invalidation, Petitioner was terminated from service. Further, the Petitioner made a representation to the respondent authorities for providing alternative employment to him for his livelihood and the same was rejected by the authorities, which is illegal, arbitrary and contrary to law. 5. On the other hand, learned Standing Counsel for respondent /APSRTC would submit that the Court may pass appropriate orders. 6. Learned counsel for the Petitioner would submit that the respondent authorities may be directed to consider the representation of the Petitioner. 7. Considering the submissions and a fair look at the material on record, the fact remains that the Petitioner was appointed as a Driver in Respondent's Corporation. During the medical test. Doctors found that the Petitioner had defective colour vision. Accordingly, he was terminated from service. 8. Learned counsel for the petitioner would submit that they restrict their prayer for consideration of their representations which were sent to the respondent authorities. In that view, it is apposite to direct the respondent authorities to consider the representations of the Petitioner dated 21.01.2016 and 23.04.2016 and take appropriate decision according to the governing rules 4 and law in force within a period of three months from the date of receipt of copy of this Order. . 9. Accordingly, the Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Vice Chairman and Managing Director, Andhra Pradesh Road Transport Corporation, Vijayawada, Krishna District 2. The Regional Manager, Andhra Pradesh State Road Corporation, Chittoor, Chittoor District 3. The Depot Manager State Transport Andhra Pradesh State Road Corporation, Tirupathi Depot, Tirupathi, Chittoor District 4. One CC to SRI. MD MUJUBYUDDIN 5. One CC Transport Advocate [OPUC] RAO(SC FOR APSRTC to SRI. ARAVALA RAMA KKAC) Advocate [OPUC] 6. Three CD Copies sree » HIGH COURT DATED: 19/03/2025 ORDER WP.No.47787 of 2018 DISPOSING OF THE W.P. WITHOUT COSTS