High Court for State of TelanganaWP/19383/2015disposed of no costs

T. Ramesh, v. Telangana State Road Transport Corporation,

2015-07-06R.Kantha Rao3 pages

THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.19383 of 2015 Between:

T. Ramesh PETITIONER AND

1. Telangana State Road Transport Corporation, rep. by its Joint Managing Director, Bus Bhavan, Musheerabad, Hyderabad, and another.

RESPONDENTS

ORDER:

Heard Sri K. Srinivas Rao, learned counsel for the petitioner and Sri B. Mayuri Reddy, learned Standing Counsel for respondentsAPSRTC. The case of the petitioner is that he was appointed as Conductor in the respondent-corporation on regular basis. While so the 2nd respondent sent the petitioner for periodical medical examination to the Tarnaka Hospital, Hyderabad and the Doctors therein held that the petitioner was unfit for the post of conductor due to Epilepsy. Pursuant to the said declaration made by the SMO, Hyderabad dated 04.12.2014 the 2nd respondent issued orders dated 7.01.2015 declaring the petitioner unfit for the post of conductor and retired him from the services of the corporation with effect from 04.12.2014. The petitioner made representation dated 05.01.2015 to the respondents-corporation for providing alternative employment. As there was no response from the corporation, he approached this Court by way of present writ petition.

In view of the earlier orders passed by this Court in W.P.No.30412 of 2013 dated 03.02.2014 and W.P.No.26508 of 2014 dated 10.09.2014, without expressing any opinion on the merits of the case, and following the above orders, the order dated 7.01.2015 retiring the petitioner on medical grounds is set aside. However, the respondents-corporation is directed to send the petitioner for examination by the Medical Board. In the event the Medical Board finds the petitioner unfit for the post he was holding by the date of the impugned order, the respondents shall provide alternative employment to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. The respondents are further directed to pay

salary to the petitioner regularly for the interregnum period. With the above directions, the writ petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.

__________________ R. KANTHA RAO, J.

6th July, 2015 Js.