APHC010114502012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29624 OF 2012 Between: K.Srinivas, S/o. Bhaskar Rao, Aged 36 years, E.601436, Driver, H.No.1-146, Lakkavaram Village Malikipuram Mandal, East Godavari Dist. ...Petitioner AND Andhra Pradesh State Road Transport Corporation, Mushirabad, Hyderabad Rep.by its Managing Director. 2. The Chief Personnel Manager A P S R T C, Bus Bhavan, Mushirabad, Hyderabad. 3. The Regional Manager A P S R T C, East Godavari Region, Rajahmundry. 4. The Depot Manager A P S R T C, Razole Depot, E.G. District. 1. ...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 or order or direction more particularly in the one nature of Writ of Mandamus declaring the Proceedings No.E6/468(01)/12-RM/RJY dated 18.07.2012 of the 3^" Respondent to the extent of providing the alternative post of Shramik instead of suitable alternative post of Record Tracer, is contrary to the circular No.PD-9/2009 dated 04.03.2009, in violation of Section 47 of the Persons with Disabilities Act, 1995, discriminatory and in violation of Article 14 and Article" 21 of the Constitution of India and consequently direct the respondents to provide the alternative post of Record Tracer duly protecting the pay f r ' *" ‘ ^ S, ^cafe pf the petitioner in the post of driver with all consequential service benefits and salary from the month of January 2012. IA NO: 1 OF 2012(WPMP 37826 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant an interim direction to the respondents to pay last drawn salary to the petitioner till the date of providing the suitable alternative post of Record Tracer, pending disposal of the writ petition. Counsel for the Petitioner: SRI A. G. SATYANARAYANA RAO Counsel for the Respondents: SRI T. VINOD KUMAR, SC FOR APSRTC The Court made the following order: APHC010114502012 0^0 COURT OF ANDHRA PRADESH ■ ■ AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3457] 0S PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29624/2012 Between: K.srinivas ...PETITIONER AND Andhra Pradesh State Road Transport Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.A G SATYANARAYANA RAO Counsel for the Respondent(S): 1. The Court made the following Order: The petitioner is seeking a direction to the 3'^'^ respondent to provide an alternative post of Record Reacer. He is also challenging the proceedings dated 18.07.2012, whereby the 3 respondent issued orders appointing the petitioner as a Shramik. The petitioner further seeks payment of salary from the month of January 2012. 1. rd 2. The learned counsel for the petitioner submits that the petitioner was appointed as a contract driver on 30.04.2007, and his 2 services were regularized on 01.09.2010. On 14.07.2011, the petitioner was on duty on the Razole to Srikakulam route, which Along with the petitioner, one M.D.Prasad was also on duty as a driver. The bus met with an accident while the other driver was operating the vehicle, petitioner was seated in the bus and, on account of the accident, suffered grievous injuries to his legs. His left leg was amputated below the knee, and his right leg was operated upon, with a steel rod inserted to support the hone. was a double-driver service. The 3. The petitioner was admitted to the hospital on 15.07.2011 and discharged on 08.08.2011. The petitioner was declared to have a permanent disability of 50%. The petitioner made a representation on 24.01.2012 requesting alternative employment. 4. It is submitted that the Circular dated 04.03.2009, bearing Circular No.PD.9/2009, issued by the respondent, enables the provision of an alternative post of Record Tracer to medically unfit drivers who have passed VII class. The learned counsel for the petitioner submits that the petitioner has passed the X class and was medically declared unfit on account of his left leg amputation. Therefore, the petitioner is entitled to the post of Record Tracer pursuant to the said Circular. 3 However, the 2"^^ respondent, vide proceedings dated 18.07.2012, appointed the petitioner to the post of Shramik for a period of six (06) months. The petitioner filed the present writ petition challenging to said proceedings, contenting that they contrary to the Circular dated 04.03.2009. 5. are 6. It is further submitted by the learned counsel for the petitioner that during the pendency of the writ petition, the respondents vide proceedings dated 29.01.2013, appointed the petitioner Record Tracer. The learned counsel submits that the petitioner denied salary from the date he was not on duty till his appointed a Shramik. as a was as 7. The learned Standing counsel for the respondents submits that the petitioner was provided with the alternative post of Shramik as per the Circular dated 25.02.2008. 8. The learned counsel for the petitioner places reliance on the judgment passed by this Court in W.P.No.3031 of 2008, wherein the Court dealt with an identical issue and directed the respondents to provide alternative employment to the petitioner therein suitable post, with the same pay scale and service benefits, and if in a 4 necessary, by creating a supernumerary post. The petitioner in that case was also held entitled to full back wages. 9. The facts of the present case are identical. The petitioner was out of service on account of medical invalidation from 15.07.2011 to 18.07.2012. Section 47 of the Persons with Disabilities Act makes it mandatory for the respondent to provide alternative employment. The petitioner was out of employment due to an injury suffered while on duty. Therefore, he cannot be denied wages. 10. Accordingly, the respondents are hereby directed to release all back wages from 15.07.2011 to 18.07.2012, duly considering the petitioner as on duty for all purposes. The respondents shall release the back wages as directed by this Court within a period of six (06) weeks from the date of the receipt of this order. 11. Accordingly, the writ petition is partly allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. That Rule Nisi has been made absolute as above witness the Hon’ble Sri Dhiraj Singh Thakur, The Chief Justice on this Monday, The Seventeenth day of February, Two Thousand and Twenty Five. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Managing Director, Andhra Pradesh State Corporation, Vijayawada. Road Transport 2. The Chief Personnel Manager A P S R T C, Bus Bhavan, Vijayawada. The Regional Manager A P S R T C, East Godavari Region Rajahmundry. The Depot Manager A P S R T C, Razole Depot, E.G.District. One CC to Sri A. G. Satyanarayana Rao, Advocate [OPUC] One CC to T. Vinod Kumar, Sc for APSRTC [OPUC] Two CD Copies 3. 4. 5. 6. 7. Cnr vei • • 4- -V ^IGH COURT DATED:17/02/2025 ORDER WP NO. 29624 OF 2012 PARTLY ALLOWING THE W.P. WITHOUT COSTS